A state of emergency is a situation in which a government is empowered to put through policies it wouldn’t normally be allowed to for the safety and protection of citizens. States of emergency can be declared before, during or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or biosecurity risk.
The power to declare a state of emergency lies with the head of government at both the local and national level. It gives elected leaders the tools they need to respond quickly, provide necessary support and help citizens get back to normal as quickly as possible.
Under the State of Emergency Act, a Governor can request that the President declare that a “major disaster or emergency exists” which will then activate an array of federal programs to assist in response and recovery efforts. This includes Federal assistance for infrastructure, economic and other losses.
The Governor can also request that the President declare that a state of emergency exists, which enables them to make emergency regulations ‘necessary or expedient’ to restore law and order and end the emergency. These can include reducing freedom of movement, suppression of secrecy of correspondence and other restrictions to prevent terrorism or internal disturbances. However, basic rights such as the right to life, prohibition of torture and the right to a fair trial can’t be suspended.
In the United Kingdom, a Minister of the Crown, acting on the advice of the Privy Council has the power to introduce emergency regulations under the Civil Contingencies Act 2004 for thirty days. This period can be extended by Parliament.