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Encyclopedia > State of emergency

A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties. Such declarations usually come during a time of natural disaster, during periods of civil unrest, or following a declaration of war (therefore, in democratic countries many call this martial law, most with non-critical intent). Justitium is its equivalent in Roman law. State of emergency may refer to: State of emergency, a government alert State of Emergency (book), a 2006 book written by Patrick Buchanan State of Emergency (video game), a 2002 video game by Rockstar Games State of Emergency (album), a 2006 album by The Living End Emergency Category: ... Civil liberties is the name given to freedoms that protect the individual from government. ... Mount Pinatubo eruption, 1991 A natural disaster is the consequence of a natural hazard (e. ... Civil disorder is a broad term that is typically used by law enforcement to describe one or more forms of disturbance. ... President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ... For other uses, see Democracy (disambiguation). ... For other uses, see Martial law (disambiguation). ... Justitium - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ...


In some countries, the state of emergency and its effects on civil liberties and governmental procedure are regulated by the constitution, or a law that limits the powers that may be invoked during an emergency or rights suspended. It is also frequently illegal to modify the emergency law or Constitution during the emergency. For other uses, see Law (disambiguation). ...

Contents

Use and viewpoints

Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely as long as the regime lasts. In some situations, martial law is also declared, allowing the military greater authority to act. Forms of government Part of the Politics series Politics Portal This box:      A dictatorship is an autocratic form of government in which the government is ruled by a dictator. ... For other uses, see Martial law (disambiguation). ...


For State parties that are signatories to the International Covenant on Civil and Political Rights (ICCPR), Article 4 permits States to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Convention, however, must only be to the extent required by the exigencies of the situation and must be announced by the State party to the Secretary-General of the United Nations. Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ...


Some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. In State of Exception (2005), Giorgio Agamben has criticized this idea, arguing how the mechanism of the state of emergency deprives certain people of their civil rights, producing his interpretation of homo sacer. Niccolò Machiavelli, ca 1500, became the key figure in realistic political theory, crucial to political science Political Science is the systematic study of the allocation and transfer of power in decision making. ... Carl Schmitt (July 11, 1888 – April 7, 1985) was a German jurist, political theorist, and professor of law. ... “Sovereign” redirects here. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Homo sacer (Latin for the sacred man) is an obscure figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual. ...


State-of-emergency law in selected countries

Australia

State-of-emergency legislation differs in each State of Australia.


In Victoria, the Premier can declare a state of emergency if there is a threat to employment, safety or public order. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier. A declared state of emergency allows the Premier to immediately make any desired regulations to secure public order and safety, under the Public Safety Preservation Act. However, these regulations expire if Parliament does not agree to continue them within 7 days. Also, under the Essential Services Act, the Premier (or delegate) may operate or prohibit operation of, as desired, any essential service (e.g. transport, fuel, power, water, gas). VIC redirects here. ...


Canada

The federal government of Canada can use the Emergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days. The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act has been invoked three times in Canadian history, most controversially during the FLQ Crisis. A state of emergency can also be declared by provincial, territorial, and municipal governments [1]. The politics of Canada function within a framework of constitutional monarchy and a federal system of parliamentary government with strong democratic traditions. ... The Emergencies Act is an Act of the Government of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof the Parliament of Canada. ... The War Measures Act (enacted in August 1914, replaced by the Emergencies Act in 1988) was a Canadian statute that allowed the government to assume sweeping emergency powers. ... The War Measures Act (enacted in August 1914, replaced by the Emergencies Act in 1988) was a Canadian statute that allowed the government to assume sweeping emergency powers. ... This article is about the terrorist kidnappings in Quebec. ...


Egypt

Egyptians have been living under an Emergency Law (Law No. 162 of 1958) since 1967, except for an 18-month break in 1980. The emergency was imposed during the 1967 Arab-Israeli War, and reimposed following the assassination of President Anwar Sadat. The law has been continuously extended every three years since 1981. Under the law, police powers are extended, constitutional rights suspended and censorship is legalized. [1] The law sharply circumscribes any non-governmental political activity: street demonstrations, non-approved political organizations, and unregistered financial donations are formally banned. Some 17,000 people are detained under the law, and estimates of political prisoners run as high as 30,000. [2] (Redirected from 1967 Arab-Israeli war) The 1967 Arab-Israeli War, also known as the Six-Day War or June War, was fought between Israel and its Arab neighbors Egypt, Jordan, and Syria. ... Assassin and Assassins redirect here. ... Muhammad Anwar Al-Sadat (محمد أنورالسادات in Arabic) (December 25, 1918 – October 6, 1981) was an Egyptian politician and served as the third President of Egypt from September 28, 1970 until his assassination on October 6, 1981. ... For other uses, see Censor. ... For other uses, see Demonstration. ... A political prisoner is anyone held in prison or otherwise detained, perhaps under house arrest, because their ideas or image either challenge or pose a real or potential threat to the state. ...


France

Three main dispositions concern various kind of "state of emergency" in France: article 16 of the Constitution of 1958 allows, in time of crisis, "extraordinary powers" to the President. Article 36 of the same Constitution regulates "state of siege." Finally, the April 3, 1955 Act allows the proclamation, by the Council of Ministers, of the "state of emergency" (état d'urgence). The distinction between article 16 and the 1955 Act concerns mainly the repartition of powers: whereas in article 16, the executive power basically suspend the regular procedures of the Republic, the 1955 Act permits a twelve-days state of emergency, after which a new law prorogating the emergency must be voted by the Parliament. These dispositions have been used at various times, in 1955, 1958, 1961, 1988 and 2005 (see below). State of Siege (French title: État de Siège) is a 1972 French film directed by Costa Gavras and starred by Yves Montand and Renato Salvatori. ...


The state of emergency in France is framed by the Constitution of 1958, which states that it can be decreed by the Président de la république in the Council of Ministers, but has to be confirmed by Parliament in order to be held after 12 days. State of emergency gives authorities the power to: The President of France, known officially as the President of the Republic (Président de la République in French), is Frances elected Head of State. ...

  • Regulate or forbid circulation and gathering in some areas (including by the use of curfew)
  • Close places of gathering
  • Conduct house-to-house searches, 24/7 without judicial oversight
  • Censorship

It may also give the military authority the power to act in place of civilian authorities, if a decree specifies it explicitly. It is unclear though how some of the legal possibilities can be implemented currently, because of various legal changes since the 1950s. A curfew can be one of the following: An order by the government or by the childs parents for certain persons to return home daily before a certain time. ... For other uses, see Censor. ...


Furthermore, article 16 of the Constitution gives the possibility, in exceptional cases, to give "extraordinary powers" to the head of government, leading to an effective "state of exception":

When the institutions of the Republic, the independence of the nation, the integrity of its territory, or the fulfillment of its international commitments are under grave and immediate threat and when the proper functioning of the constitutional governmental authorities is interrupted, the President of the Republic shall take the measures demanded by these circumstances after official consultation with the Prime Minister, the Presidents of the Assemblies, and the Constitutional Council.
He shall inform the nation of these measures by a message.

These measures must be prompted by a will to ensure within the shortest possible time that the constitutional governmental authorities have the means of fulfilling their duties. The Constitutional Council shall be consulted with regard to such measures.
Parliament shall meet ipso jure.
The National Assembly may not be dissolved during the exercise of emergency powers. The Prime Minister of France (Premier ministre de la France) is the functional head of the Cabinet of France. ... A republican guard giving directions to visitors at the front entrance of the Constitutional Council The Constitutional Council (Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958. ... Ipso jure is from the Latin language, meaning by the law itself or by operation of law. ... The Palais Bourbon, front The French National Assembly (French: Assemblée nationale) is one of the two houses of the bicameral Parliament of France under the Fifth Republic. ...

The conditions are both that the state is confronted to exceptional circumnstances and that the regular institutions are disrupted and can not effectively govern [2]. This amendment to the Constitution of the Fifth Republic has been qualified as "liberticide" by critics [2]. Used in 1961 during the Algerian War, the regular order of the Republican institutions were quickly restored after its invocation on April 23, 1961 — and was thus abusively prolonged by Charles de Gaulle, mainly to create judicial institutions (such as courts of exception, etc.) [2]. This article or section is in need of attention from an expert on the subject. ... Combatants FLN (1954-62) MNA (1954-62) France (1954-62) FAF (1960-61) OAS (1961-62) Commanders Mostefa Benboulaïd Ferhat Abbas Hocine Aït Ahmed Ahmed Ben Bella Krim Belkacem Larbi Ben MHidi Rabah Bitat Mohamed Boudiaf Messali Hadj Jacques Massu Maurice Challe Said Boualam Pierre Lagaillarde Raoul... Please post proper article, this page was tampered with, thank you. ...


In the judgment Rubin de Servens, of March 2, 1962, the Conseil d'État judged that he could not pronounce itself on the invocation of article 16, as that constituted an "act of government." Furthermore, the State Council considered that it could only pronounce itself on reglementary texts, but not on legislative acts carried out during this period. Thus, a legislative measure (despite the fact that it is not precised what role the Parliament may have, but only that it is not to be dissolved) which breach fundamental liberties can not be appealed against before the Conseil d'État [2]. In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ...


Article 36 of the Constitution is concerned with the state of siege. The latter can be decreed by the Council of Ministers for a period of twelve days. Afterwards, its prorogation request the approval of the Parliament. The state of siege may be declared in case of an "imminent peril resulting from a foreign war [guerre étrangère, or simply "war"] or an armed insurrection (une insurrection à main armée) [3]. Police powers are then transferred to military authorities, if the latter judge it necessary. Fundamental liberties may be restricted, such as the right of association, or legalization of searches in private places day and night, the power to expel people who have been condemned for common law matters or people who do not have residency on the territory, etc. State of Siege (French title: État de Siège) is a 1972 French film directed by Costa Gavras and starred by Yves Montand and Renato Salvatori. ... Insurrection could refer to: * in a general sense, it means Rebellion * it is also a title of a Star Trek film, see Star Trek: Insurrection ...


Since 1955, four states of emergency have been decreed:

  • In 1955 in Algeria due to independentist unrest
  • In 1958 due to the uprising in Algeria
  • In 1961 after the Generals' putsch (invocation of article 16 from April 23 to September 29, 1961 [2]
  • In 1984 in New Caledonia due to independentist troubles
  • During the 2005 civil unrest in France, President Jacques Chirac declared a state of emergency on 8 November 2005. It was extended for three months on 16 November by the Parliament, dominated by the UMP majority. On December 10, France's highest administrative body, the Council of State, ruled that the three-month state of emergency decreed to guarantee calm following unrest was legal. It rejected a complaint from 74 law professors and the Green party, declaring that the conditions that led to the unrest that started on October 27, the quick spread of violence, and the possibility that it could recur justify the state of emergency, which is to end in mid-February. The complaint challenged the state of emergency's necessity and said it compromised fundamental liberties [3] [4] [5].

In 1972, the Common Program of the Left (issued from an alliance between the Socialist Party and the Communist Party) proposed to repeal article 16. François Mitterrand's program in 1981 did not include this proposition. However, the Socialist government of Pierre Bérégovoy did include a reform of this article in its project of Constitutional reform in 1992. But the project was not implemented. Also in 1992, the Vedel Commission created by François Mitterrand proposed to give to the Conseil Constitutionnel (Constitutional Council), on the concerted initiative of the President of the Republic and the presidents of the Assemblies, the mission to observe that the conditions requested for the use of article 16 were in fact gathered [2]. So far, no modification to the original article have been enacted. Combatants FLN (1954-62) MNA (1954-62) France (1954-62) FAF (1960-61) OAS (1961-62) Commanders Mostefa Benboulaïd Ferhat Abbas Hocine Aït Ahmed Ahmed Ben Bella Krim Belkacem Larbi Ben MHidi Rabah Bitat Mohamed Boudiaf Messali Hadj Jacques Massu Maurice Challe Said Boualam Pierre Lagaillarde Raoul... The Algiers putsch (or Generals putsch) took place on 23 April 1961 in the midst of the Algerian War of Independence (1954-1962). ... A torched car in Strasbourg, 5 November. ... “Chirac” redirects here. ... is the 320th day of the year (321st in leap years) in the Gregorian calendar. ... The Union for a Popular Movement (Union pour un Mouvement Populaire, UMP), is the main French centre-right political party. ... is the 344th day of the year (345th in leap years) in the Gregorian calendar. ... Les Verts (or The Greens) are an ecologist political party to the left of the political spectrum in France. ... The Socialist Party (Parti Socialiste, PS) is one of the largest political parties in France. ... The French Communist Party (Parti communiste français or PCF) was founded in 1920. ...   IPA: (October 26, 1916 – January 8, 1996) served as President of France from 1981 to 1995, elected as representative of the Socialist Party (PS). ... Pierre Eugène Bérégovoy (December 23, 1925 - May 1, 1993) was a French Socialist politician of russian origin. ...   IPA: (October 26, 1916 – January 8, 1996) served as President of France from 1981 to 1995, elected as representative of the Socialist Party (PS). ... A republican guard giving directions to visitors at the front entrance of the Constitutional Council The Constitutional Council (Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958. ...


Germany

The Weimar Republic constitution allowed states of emergency under Article 48 to deal with rebellions. Article 48 was invoked numerous times during the 14-year life of the Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliamentary majority. Anthem Das Lied der Deutschen Germany during the Weimar period, with the Free State of Prussia (in blue) as the largest state Capital Berlin Language(s) German Government Republic President  - 1918-1925 Friedrich Ebert  - 1925-1933 Paul von Hindenburg Chancellor  - 1919 Philipp Scheidemann(first)  - 1933 Kurt von Schleicher (last) Legislature... Article 48 was a measure in the constitution of the Weimar Republic of Germany (1919–1933) that allowed the President to rule by decree without the consent of the Reichstag (parliament). ... A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modelled after that of the United Kingdom. ...


After the February 27, 1933 Reichstag fire, a false flag attack blamed on the communists, Adolf Hitler declared a state of emergency using Article 48, and then had president von Hindenburg sign the Reichstag Fire Decree, which suspended the Weimar Constitution for the whole duration of the Third Reich. Therefore, the Weimar Constitution wasn't repealed by Nazi Germany, but simply "indefinitely suspended". After the prohibition of the Communist Party of Germany (KPD) on March 1, 1933, the NSDAP had hands free to vote the March 23, 1933 Enabling Act, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag. These two laws signaled the implementation of the Gleichschaltung; the Nazis institution of totalitarianism. is the 58th day of the year in the Gregorian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... The Reichstag fire was a pivotal event in the establishment of Nazi Germany. ... “False colors” redirects here. ... Communism is an ideology that seeks to establish a classless, stateless social organization based on common ownership of the means of production. ... Hitler redirects here. ... Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg, known universally as Paul von Hindenburg (2 October 1847 – 2 August 1934) was a German field marshal and statesman. ... A German newspapers final issue, announcing its own prohibition (Verbot) by the police authorities on the basis of the Reichstag fire decree The Reichstag Fire Decree (Reichstagsbrandverordnung in German) is the common name of the decree issued by German president Paul von Hindenburg in direct response to the Reichstag... The Weimar Constitution in booklet form. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ... 1932 KPD poster, End This System The Communist Party of Germany (German Kommunistische Partei Deutschlands – KPD) was a major political party in Germany between 1918 and 1933, and a minor party in West Germany in the postwar period. ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... The Nazi swastika The National Socialist German Workers Party (German: Nationalsozialistische Deutsche Arbeiterpartei), better known as the NSDAP or the Nazi Party was a political party that was led to power in Germany by Adolf Hitler in 1933. ... is the 82nd day of the year (83rd in leap years) in the Gregorian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... The Enabling Act (Ermächtigungsgesetz in German) was passed by Germanys parliament (the Reichstag) on March 23, 1933. ... The German word Gleichschaltung â’½ â’¾ (literally synchronising, synchronization) is used in a political sense to describe the process by which the Nazi regime successively established a system of totalitarian control over the individual, and tight coordination over all aspects of society and commerce. ... Forms of government Part of the Politics series Politics Portal This box:      Totalitarianism is a term employed by some scientists, especially those in the field of comparative politics, to describe modern regimes in which the state regulates nearly every aspect of public and private behavior. ...


In the postwar Federal Republic of Germany, the Notstandgesetze (amendments to the Constitution passed on May 30, 1968 as a reaction to the resistance of the Ausserparlamentarische Opposition (APO), the extraparliamentary opposition, despite fierce opposition by the German student movement) states that some of the basic constitutional rights of the Grundgesetz may be limited in case of a state of defence (war), a state of tension (uprisings), or an internal state of emergency or disaster (catastrophe). The German Notstandgesetze (emergency laws) were amendments to the German constitution, which were passed on May 30, 1968 as a reaction to the resistance of the Ausserparlamentarische Opposition (APO), the extraparlamentary opposition. ... is the 150th day of the year (151st in leap years) in the Gregorian calendar. ... Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the Gregorian calendar. ... The German student movement (in Germany commonly called 68er-Bewegung, movement of 1968) was a protest movement that took place during the late 1960s in Germany. ... The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ...


Hong Kong

Standing Committee of the National People's Congress can declare state of emergency and deploy troops from the Hong Kong Garrison under "Law of the People's Republic of China on the garrisoning of the Hong Kong Special Administrative Region". The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which... The Hong Kong Garrison was a British and Commonwealth force that protected Hong Kong . ...


The Chief Executive of Hong Kong along with the Executive Council can prohibit public gatherings, issue curfew orders, prohibit the movement of vessels or aircraft and appoint special constable all under HK Laws. Chap 245 Public Order Ordinance. Other Hong Kong topics Culture - Economy Education - Geography - History Hong Kong Portal The Chief Executive of the Hong Kong Special Administrative Region (Traditional Chinese: , Simplified Chinese: , pinyin: Xiānggǎng Tèbié Xíngzhèngqū Xíngzhèng Zhǎngguān; Cantonese Jyutping: hoeng1 gong2 dak6 bit6 hang4 zing3 keoi1... A curfew can be one of the following: An order by the government or by the childs parents for certain persons to return home daily before a certain time. ...


Hungary

According to the Hungarian Constitution the National Assembly of Hungary can declare state of emergency in case of armed rebellion, natural or industrial disaster. It expires after 30 days, but can be extended. Most civil rights can be suspended, but basic human rights, like right to live, ban of torture, freedom of religion can not. The National Assembly of Hungary (Országgyűlés) is the national parliament of Hungary. ...


During state of emergency, the Parliament can not be disbanded.


India

In India, an external state of emergency was declared three times during wars: A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he perceives grave threats to the nation from internal and external sources or from financial situations of crisis. ...

In 1975 Prime Minister of India Indira Gandhi declared a state of internal emergency (the Indian Emergency (1975 - 77)) after she was indicted in a corruption scandal and was ordered to vacate her seat in the Indian Parliament, allowing herself to rule by decree till 1977. India made great economic strides during the two year emergency period, but political opposition was heavily suppressed. Civil liberties were suspended and a mandatory birth control program was introduced by the government. Confident about her chances of getting reelected, Indira Gandhi relaxed the emergency and released dissidents. She then was trounced by a grand coalition in the 1977 elections. Combatants China India Commanders Zhang Guohua[4] Brij Mohan Kaul Strength 80,000[5][6] Casualties Killed 1,460 (Chinese sources)[7] None captured[8][9][10][11] Wounded 1,697[7] Killed 3,128 (Indian sources)[12] Captured 3,968[2] Wounded 548[13] The Sino-Indian War (Simplified... Combatants India Pakistan Commanders Joyanto Nath Chaudhuri Harbakhsh Singh Ayub Khan Musa Khan Casualties 3,264 killed[1] 8,623 wounded[1] (From July to ceasefire) 3,800 killed[2] (September 6 - 22) 4,000 - 8,000 killed/ captured[3][4][5] (July to September 6) The Indo-Pakistani War... Combatants India Mukti Bahini Pakistan Commanders Sam Manekshaw J.S. Aurora A. A. K. Niazi # Strength 500,000+ troops 400,000+ troops Casualties 3,843 killed[1] 9,851 wounded[1] c. ... The Prime Minister of India is, in practice, the most powerful person in the Government of India. ... A young Indira Nehru and Mahatma Gandhi, during one of the latters fasts Indira Priyadarshini Gandhi (Hindi: ) (19 November 1917 - October 31, 1984) She was the Prime Minister of India for three consecutive terms from 1966 to 1977 and for a fourth term from 1980 until her assassination in... The Indian Emergency of (1975 - 77) is a 18-month period between 1975 and 1977, when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing her the power to rule by decree, suspending... The Parliament of India is bicameral. ... Decree is an order that has the force of law. ... Civil liberties are protections from the power of governments. ... A young Indira Nehru and Mahatma Gandhi, during one of the latters fasts Indira Priyadarshini Gandhi (Hindi: ) (19 November 1917 - October 31, 1984) She was the Prime Minister of India for three consecutive terms from 1966 to 1977 and for a fourth term from 1980 until her assassination in... A grand coalition is a coalition government in a parliamentary system where political parties representing a vast majority of the parliament unite in a coalition. ...


Ireland

According to Article 28.3.3. of the Constitution of Ireland, "no article of the Constitution may be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law". The time of war or armed rebellion includes actions outside the state itself, and is not limited in time to the duration of the war or armed rebellion. A state of emergency was declared in 1939 at the outbreak of the Second World War, though Ireland was not a participant, which was not lifted until 1972, only to be succeeded by a second state of emergency to deal with the Troubles in Northern Ireland, which lasted until the IRA ceasefire in 1994. The Constitution of Ireland (Irish: Bunreacht na hÉireann)[1] is the founding legal document of the state known today both as Ireland and as the Republic of Ireland. ... The Oireachtas is the National Parliament of the Republic of Ireland. ... Mushroom cloud from the nuclear explosion over Nagasaki rising 18 km into the air. ... For other uses, see Troubles (disambiguation) and Trouble. ... Northern Ireland (Irish: , Ulster Scots: Norlin Airlann) is a constituent country of the United Kingdom lying in the northeast of the island of Ireland, covering 5,459 square miles (14,139 km², about a sixth of the islands total area). ... This article is about the historical army of the Irish Republic (1919–1922) which fought in the Irish War of Independence 1919–21, and the Irish Civil War 1922–23. ...


Spain

In Spain there are three degrees of state of emergency (estado de emergencia in Spanish): alerta (alert), excepción (exception[al circumstance]) and sitio (siege). They are named by the constitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law). The Laws of Nature are claimed in the United States Declaration of Independence to be the work of the Creator of unalienable rights identified as Natures God. ...


United Kingdom

In the United Kingdom the Monarch or the Privy Council or a Senior Minister of the Crown can make emergency regulations under the Civil Contingencies Act 2004 if there is a serious threat to human welfare, the environment, or in case of war or terrorism. These regulations last for seven days unless confirmed otherwise by Parliament. Elizabeth II (Elizabeth Alexandra Mary [1]; born 21 April 1926) is Queen of sixteen sovereign states, and their respective overseas territories and dependencies. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... A minister or a secretary is a politician who heads a government ministry or department (e. ... The Civil Contingencies Act 2004 is a United Kingdom Act of Parliament which gives the British government wide-ranging powers in an emergency. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Lord Speaker Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin...


United States

Further information: Insurrection Act

In the United States, there are several methods for government response to emergency situations. A state governor or even a local mayor may declare a state of emergency within his or her jurisdiction. This is quite common at the state level in response to natural disasters. Although the President, as head of the executive branch, has the authority to declare a state of emergency, the National Emergencies Act limits the President's ability to declare emergencies by requiring that they expire within two years unless specifically extended, and that the President specify in advance which legal provisions will be invoked. The International Emergency Economic Powers Act allows for the freezing of assets, limiting of trade, and confiscation of property during such an emergency. A federal emergency declaration allows the United States Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules. The Insurrection Act of 1807 is the set of laws that govern the President of the United States of Americas ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. ... For other uses, see Governor (disambiguation). ... A mayor (from the Latin māior, meaning larger, greater) is the modern title of the highest ranking municipal officer. ... This article does not cite any references or sources. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... The U.S. National Emergencies Act (50 U.S.C. 1601-1651) is a law passed in 1976 to formalize Congressional checks and balances on Presidential emergency powers. ... The International Emergency Economic Powers Act (IEEPA) is a United States law allowing presidents to identify any unusual extraordinary threat that originates outside the United States and to confiscate property and prohibit transactions in response. ... FEMA redirects here. ...


The United States is officially in an ongoing (effectively permanent) state of emergency declared by several Presidents due to multiple problems. An example is one which began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton. In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process." [6] This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden [7], and has been continued to at least 2008 by order of President George W. Bush. [8] There are a number of other ongoing national emergencies of this type, referenced at [9] and [10], regarding for instance diamond trade with Sierra Leone. Especially noteworthy are the ongoing states of emergency declared on September 14, 2001 through Bush's Proclamation 7463, regarding the terrorist attacks of September 11, 2001, [11], declared on March 15, 1995 with respect to Iran, [12] and declared on November 14, 1979 regarding the Iran Hostage Crisis. [13] For the pop band, see Presidents of the United States of America. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Osama bin Muhammad bin Awad bin Laden (Arabic: ‎; born March 10, 1957[1]), most often mentioned as Osama bin Laden or Usama bin Laden, is a Saudi Arabian militant Islamist and is widely believed to be one of the founders of the organization called al-Qaeda. ... George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... The World Trade Center on fire The September 11, 2001 attacks were a series of coordinated terrorist attacks against the United States on September 11, 2001. ... Iranian militants escort a blindfolded U.S. hostage to the media. ...


The U.S. Constitution says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The Constitution also provides an exemption from the privilege of a grand jury hearing for cases arising in the military when in service in a time of "public danger." These are the only emergency provisions in the Constitution. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ...


Habeas corpus was suspended on April 27, 1861 during the American Civil War by Abraham Lincoln in parts of midwestern states, including southern Indiana. He did so in response to demands by generals to set up military courts to rein in "copperheads", or those in the Union who supported the Confederate cause. Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed. In common law countries, habeas corpus () (Latin: [We command that] you have the body) is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. ... April 27 is the 117th day of the year (118th in leap years) in the Gregorian calendar, with 248 days remaining. ... Year 1861 (MDCCCLXI) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... For other uses, see Abraham Lincoln (disambiguation). ... Midwest States (United States of America, ND to OH) The Midwest is a common name for a region of the United States of America. ... For other uses, see Indiana (disambiguation). ... The Copperheads were a group of Northern Democrats who opposed the American Civil War, wanting an immediate peace settlement with the Confederates. ... Motto Deo Vindice (Latin: Under God, Our Vindicator) Anthem (none official) God Save the South (unofficial) The Bonnie Blue Flag (unofficial) Dixie (unofficial) Capital Montgomery, Alabama (until May 29, 1861) Richmond, Virginia (May 29, 1861–April 2, 1865) Danville, Virginia (from April 3, 1865) Language(s) English (de facto) Religion... Lambdin P. Milligan (March 24, 1812 – December 21, 1899) was a lawyer, farmer, and a leader of the Knights of the Golden Circle. ... A Prisoner-of-war camp is a site for the containment of persons captured by the enemy in time of war. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Holding Suspension of habeas corpus is unconstitutional when civilian courts are still operating; the Constitution provided for suspension of habeas corpus only if civilian courts are actually forced closed. ...


The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer established that Presidents may not act contrary to Acts of Congress during an emergency. In 1976 the National Emergencies Act set a limit of two years on emergency declarations unless the president explicitly extends them The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Holding The President did not have the inherent authority to seize private property in the absence of either specifically enumerated authority under Article Two of the Constitution or statutory authority conferred on him by Congress. ... The U.S. National Emergencies Act (50 U.S.C. 1601-1651) is a law passed in 1976 to formalize Congressional checks and balances on Presidential emergency powers. ...


Examples

Ongoing

Mikheil Saakashvili (Georgian: ) (born December 21, 1967) is a Georgian politician and the current President of Georgia. ... (PA – 6920) General Pervez Musharraf (Urdu: ‎; born August 11, 1943) is currently the President of the Islamic Republic of Pakistan and the Chief of Army Staff of the Pakistan Army. ... is the 307th day of the year (308th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... State nickname: Peach State / Empire of the South Other U.S. States Capital Atlanta Largest city Atlanta Governor Sonny Perdue Official languages English Area 154,077 km² (24th)  - Land 150,132 km²  - Water 3,945 km² (2. ... For other uses, see California (disambiguation). ... For other uses, see Governor (disambiguation). ... Arnold Alois Schwarzenegger (German pronunciation IPA: ) (born July 30, 1947) is an Austrian-born American bodybuilder, actor, and politician, currently serving as the 38th Governor of the U.S. state of California. ... The California wildfires of October 2007 are a series of wildfires that began burning across Southern California on October 20. ... is the 293rd day of the year (294th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... Combatants Israel Egypt Syria Jordan Iraq Commanders Yitzhak Rabin, Moshe Dayan, Uzi Narkiss, Israel Tal, Mordechai Hod, Ariel Sharon Abdel Hakim Amer, Abdul Munim Riad, Zaid ibn Shaker, Hafez al-Assad Strength 264,000 (incl. ... The Sultanate of Brunei, more commonly referred to as Brunei Darussalam or simply Brunei, is an oil-rich country located on the island of Borneo, in southeast Asia. ... is the 346th day of the year (347th in leap years) in the Gregorian calendar. ... Year 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar) of the Gregorian calendar. ... (Redirected from 1948 War of Independence) The 1948 Arab-Israeli War, called the War of Independence by Israelis and al Nakba the catastrophe by Arabs, was the first in a series of wars in the Arab-Israeli conflict. ... is the 139th day of the year (140th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... Baath Party flag The Ba‘ath Parties (also spelled Baath or Ba‘th; Arabic: اﻟﺒﻌﺚ) comprise political parties representing the political face of the Ba‘ath movement. ... is the 67th day of the year (68th in leap years) in the Gregorian calendar. ... Year 1963 (MCMLXIII) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... 17 November is also the name of a Marxist group in Greece, coinciding with the anniversary of the Athens Polytechnic uprising. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Commodore Josaia Voreqe Bainimarama, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title, Ratu[1] (born 27 April 1954) is the Commander of the Fijian Military Forces and, as of 5 January 2007, Interim Prime Minister. ... The Fijian coup détat of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup détat and 2005-2006 Fijian political crisis. ... is the 11th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... The 2006–2007 Bangladeshi political crisis began in October 2006 when a caretaker government — designated by the constitution to oversee the vote — assumed power at the end of October to steer the country through parliamentary elections. ... Chart of ocean surface temperature anomaly [°C] during the last strong El Niño in December 1997 El Niño and La Niña are major temperature fluctuations in the tropical Pacific Ocean. ... is the 34th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 43rd day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 32nd day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... “Dengue Fever” redirects here. ... Categories: Stub | 1956 births | Presidents of Paraguay ... This article is about the day. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... Port Vila (population 29,356, coordinates ) is the capital city of Vanuatu. ... The Golan Heights plateau overlooking the site of the ancient city of Hippos The Israeli-occupied territories is one of a number of terms used to describe areas captured by Israel from Egypt, Jordan, and Syria during the Six-Day War of 1967. ... Mahmoud Abbas (Arabic: ) (born March 26, 1935), commonly known by the kunya Abu Mazen (ابو مازن), was elected President of the Palestinian National Authority (PNA) on January 9, 2005, and took office on January 15, 2005. ...

Past states of emergency

Main article: Indian Emergency

is the 237th day of the year (238th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 240th day of the year (241st in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... In mid-2007, a series of forest fires burnt in Greece, especially in the Peloponnese, with 68 confirmed casualties since August 24. ... Santa Clara County is a county located in Californias San Francisco Bay Area. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... This article is about the U.S. state. ... Official language(s) English Capital Concord Largest city Manchester Area  Ranked 46th  - Total 9,350 sq mi (24,217 km²)  - Width 68 miles (110 km)  - Length 190 miles (305 km)  - % water 4. ... For other uses, see United States (disambiguation) and US (disambiguation). ... May 14 is the 134th day of the year (135th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... A NEXRAD radar animation of the storm on May 12, 2006 The New England Flood of May 2006 was a flood event that occurred in New England, especially in New Hampshire and Massachusetts, during the month of May, 2006. ... Nickname: Location of Buffalo in New York State County Government  - Mayor Byron Brown (D) Area  - City 52. ... is the 55th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... President Gloria Macapagal-Arroyo explains the reasons for her declaration of a State of National Emergency under Proclamation No. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... A coup détat, or simply a coup, is the sudden overthrow of a government, usually