A state of emergency is a legal term used by some countries to grant the government extraordinary powers. It usually allows the government to bypass the usual legislative processes and act quickly to deal with a crisis, such as a natural disaster, terrorist attack or pandemic. This increases the power of the executive branch and reduces checks and balances. The government may also impose curfews, institute rationing or even deploy the military to control unrest.
In democracies, governments typically use states of emergency in situations like severe weather events or public order situations. Dictatorial regimes, on the other hand, often declare states of emergency (known as etat d’exception in French) to override the human rights of their citizens, which are normally protected under international law and treaties.
The United Nations’ Special Rapporteurs Nicole Questiaux and Leandro Despouy have recommended a set of principles to be observed during emergencies and states of emergency. These include the principles of proclamation, notification, time limitation, exceptional threat, proportionality, non-discrimination, and consistency and complementarity of various norms of international law.
In the US, a state of emergency can be declared by the President of the United States on the advice of the Council of Ministers for a period of 60 days or less in all or part of the country. It can be extended for a maximum of 90 days with the consent of the Congress. Traditionally, states of emergency are triggered by natural disasters or other public health emergencies, but they can be activated in any circumstance that poses a serious threat to the welfare and security of citizens.
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