A state of emergency is a government’s tool to exercise additional powers when facing exceptional circumstances like natural disasters or man-made dangers like terrorist attacks. The premise is that in an emergency situation, the need for speed in deploying resources and in tackling social and economic consequences of the crisis should trump ordinary democratic checks and balances. However, the history of states of emergency shows that in practice they may be abused to entrench power in the executive or to undermine human rights.
Depending on the nature of the emergency, the level of threat and the scope of the emergency measures in effect, a state of emergency can give the president or other elected officials broad powers to respond to the crisis. This may include suspending laws and rights, and easing regulatory requirements for businesses or individuals. This is often accompanied by travel restrictions, or the closure of public buildings or other facilities.
States of emergency are most often used in the context of natural disasters, acts of terrorism or armed conflict, or pandemics. They can be activated by the President or other political leader, or may be triggered by a judge’s ruling. They typically have a specific duration, but they can be extended if the threat persists.
The constitutions of Chile and Estonia define varying levels of emergency, with conditionality over which rights may be suspended, and require parliamentary approval for the most serious levels. However, many states do not limit their use to such circumstances. For example, in Poland and Hungary, a declaration of a state of emergency allows the state to bypass the constitutionally mandated judiciary review and to derogate from the European Convention on Human Rights and International Covenant on Civil and Political Rights.