A state of emergency grants governments extraordinary powers during crises to ensure citizens' safety. This declaration, typically in response to natural disasters, civil unrest, conflicts, pandemics, or biosecurity threats, allows governments to enact policies usually outside their purview.
The Weimar Constitution, adopted in 1919, included Article 48, which granted the government the authority to declare states of emergency to address rebellions or other crises.
The Emergency Regulations Ordinance, invoked in various forms throughout Hong Kong's history, was initially implemented in 1922, providing a framework for emergency powers.
The period of revolutions and unrest that began in 1917, including the Russian Revolution, came to an end in 1923.
Following the Reichstag fire in February 1933, Adolf Hitler utilized Article 48 of the Weimar Constitution to declare a state of emergency. This declaration, coupled with the Reichstag Fire Decree, led to the suspension of civil liberties and paved the way for the Nazi consolidation of power.
The Weimar Constitution, including its emergency provisions under Article 48, came to an end in 1933 with the rise of the Nazi regime.
In 1937, Ireland declared that a state of 'national emergency' involves Article 28.3.3° of the Constitution of Ireland.
In 1939, after the outbreak of the Second World War, the Oireachtas passed the First Amendment, enabling the Emergency Powers Act 1939, granting the government sweeping powers.
In 1939, during the Second World War, Parts V and VI of the Offences Against the State Act were activated, providing for a non-jury Special Criminal Court and internment.
In 1939, the First Amendment of the Constitution allowed an emergency to be declared during wars in which the state is a non-belligerent, subject to resolutions by the houses of the Oireachtas.
In 1940, an amendment to the Offences Against the State Act allowed for internment, continuing the measures activated in 1939.
In 1941, the Second Amendment stated that an emergency ends not automatically when the war does, but only by Oireachtas resolutions.
In 1945, under the British Mandate for Palestine, the Emergency Defence Regulations were passed, allowing Israel to control movements and prosecute suspected terrorists.
In 1946, the Emergency Powers Act 1939 expired, although some orders continued under subsequent acts.
In 1948, the colonial government of Britain declared a state of emergency to deal with a communist insurgency led by Chin Peng.
In 1951, rationing in Ireland, which had continued under various provisions, finally ended.
In a significant shift in Poland's legal framework, the institution of the state of emergency was absorbed into the institution of martial law between 1952 and 1983.
In April 1955, France enacted the Act of 3 April 1955, providing a legal basis for declaring a "state of emergency" and outlining procedures for its implementation.
In 1957, some Emergency Powers Orders continued under the Supplies and Services (Temporary Provisions) Act 1946 until this year.
Egypt's Emergency Law (Law No. 162 of 1958) was established in 1958, laying the groundwork for its later use during times of crisis.
France invoked emergency powers granted under Article 16 of its Constitution and the 1955 Act during the Algerian War in 1958, highlighting the use of these measures in times of crisis.
The Essential Services Act of 1958 in Victoria, Australia, outlined provisions for managing essential services, such as transport and utilities, during emergencies.
The Public Safety Preservation Act of 1958 in Victoria, Australia, granted the Premier the authority to declare states of emergency to address threats to public safety and order.
In 1960, the state of emergency declared in 1948 to deal with a communist insurgency ended.
In 1962, a state of emergency was declared during the Konfrontasi, an undeclared war between Indonesia and Malaysia.
The year 1962 marked the beginning of a prolonged state of emergency in Syria, initially justified by the ongoing conflict with Israel. This state of emergency, lasting for decades, concentrated authority in the presidency and the national security apparatus.
In 1966, a state of emergency was declared during the Sarawak constitutional crisis.
Egypt imposed a state of emergency under the 1958 Emergency Law during the Six-Day War, marking the beginning of an extended period of emergency rule.
In 1967, a repeal of the Emergency Defence Regulations was briefly considered but cancelled following the Six-Day War.
In May 1968, West Germany amended its Basic Law to incorporate Emergency Acts, outlining provisions for limiting certain constitutional rights during states of emergency or defense.
On 13 May 1969, a state of emergency was declared during a race riot.
The American Convention on Human Rights, adopted in 1969, aimed to restrict the abuse of states of emergency by requiring signatory nations to report their circumstances and durations.
In 1970, Canadian Prime Minister Pierre Trudeau invoked the War Measures Act during the October Crisis, a controversial decision that sparked debates about civil liberties.
Since 1972, Part V of the Offences Against the State Act has been continually active, providing for a non-jury Special Criminal Court.
Prime Minister Edward Heath declared a state of emergency in 1974 in response to escalating industrial action.
During Portugal's Third Republic, a state of siege, representing an exceptional suppression of constitutional provisions, was declared in November 1975. This measure was implemented within the Lisbon Military Region in response to a failed left-wing coup attempt.
In 1976, a new state of emergency was declared in Ireland in relation to the Troubles in Northern Ireland and the assassination of the British ambassador. The Emergency Powers Act 1976 was passed to increase police powers.
In 1977, a state of emergency was declared in response to the Kelantan Emergency.
The United States enacted the International Emergency Economic Powers Act in 1977, granting the government authority to respond to international threats.
The devastating 1977 Vrancea earthquake in Romania led to the enforcement of a state of emergency, highlighting the gravity of the situation and the need for extraordinary measures to address the disaster's aftermath.
A national emergency was declared by the United States in 1979 in response to the situation with Iran.
Egyptians experienced an 18-month break from the Emergency Law in 1980 and 1981, a brief respite in its otherwise continuous enforcement since 1967.
Following the assassination of President Anwar Sadat, Egypt reimposed the Emergency Law in 1981, continuing its use to address security concerns.
Martial law in Turkey was replaced by a state of emergency in 1983.
The year 1983 marked the end of the period during which martial law superseded the state of emergency in Poland, with the latter's provisions being reinstated in the constitutional framework.
France employed emergency measures in 1984 to address violent pro-independence revolts in New Caledonia, showcasing their application in territorial conflicts.
In 1984, immediately following the end of the National Reorganization Process, Argentina ratified the American Convention on Human Rights, which had been adopted in 1969.
Since the end of the military dictatorship and the establishment of the sixth Brazilian Republic in 1985, the country has not declared a state of emergency.
In 1986, Victoria, Australia, enacted the Emergency Management Act, providing a framework for managing various emergencies, including natural disasters, terrorism, and health crises.
The State Emergency and Rescue Management Act of 1989 in New South Wales provided the framework for declaring states of emergency in response to threats like fires, floods, and other emergencies.
In 1990, during the Black Power Revolution in Trinidad and Tobago, then-Prime Minister Eric Williams declared a state of emergency. This period was marked by social and political upheaval, prompting the government to take extraordinary measures to maintain order and stability.
In August 1991, coup leaders in the Soviet Union (USSR) invoked a state of emergency in an attempt to seize power. The coup ultimately failed, leading to the dissolution of the Soviet Union.
In 1992, Italy implemented the Law n. 225 on Civil Protection, allowing the Council of Ministers to implement a state of emergency without parliamentary vote.
In 1994, the Provisional IRA declared a ceasefire, which prompted confidence-building measures leading to the end of the 1976 state of emergency.
In August 1995, Trinidad and Tobago experienced a constitutional crisis during which Prime Minister Patrick Manning declared a state of emergency. This declaration enabled the government to invoke emergency powers and remove House Speaker Occah Seepaul, a move that sparked controversy.
In 1995, as part of the Northern Ireland peace process, the 1976 state of emergency was rescinded to satisfy physical force republicans after the Provisional IRA's 1994 ceasefire.
Poland's 1997 Constitution brought forth comprehensive regulations concerning states of emergency, outlining the circumstances under which they could be declared, the limitations on their duration, and the constraints on governmental power during such periods.
Since 1997, following the transfer of sovereignty from Britain, Hong Kong has not declared a formal State of Emergency, despite facing various challenges.
South Africa established a legal framework for states of emergency with the enactment of the State of Emergency Act in 1997. This legislation, operating in conjunction with Section 37 of the Constitution, outlines the specific conditions under which a state of emergency may be declared, the process for declaration and extension, and the role of the judiciary in reviewing such declarations.
The Human Rights Act was enacted in 1998.
Hong Kong's Legislative Council amended the Emergency Regulations Ordinance in 1999, shaping its application in the context of the Special Administrative Region.
Since 1999, no emergency measures have been enacted in the unspecified context.
In February 1997, UN Special Rapporteurs Nicole Questiaux and Leandro Despouy presented principles for states to observe during states of emergency to the international community. The principles aimed to prevent abuses and protect human rights.
Turkey's state of emergency, in place since 1983, was lifted in November 2002.
In 2002, the Twenty-First Amendment prevented the reintroduction of capital punishment during an emergency.
The year 2002 marked a significant development in New Zealand's approach to emergency management with the enactment of the Civil Defence Emergency Management Act. This legislation empowered the national government, as well as local councils, to declare states of emergency encompassing the entire country or specific regions when necessary.
In December 2004, following the catastrophic Indian Ocean Earthquake and Tsunami, a state of emergency was declared in the Maldives. The tsunami inflicted widespread destruction upon the nation's infrastructure, severing communication links across vast stretches, decimating islands, and forcing the closure of numerous resorts.
The Civil Contingencies Act, outlining emergency powers, was enacted in 2004.
The United Kingdom enacted the Civil Contingencies Act in 2004, outlining emergency powers during national crises.
On 11 August 2005, a state of emergency was declared for Port Klang and Kuala Selangor after air pollution reached dangerous levels.
In 2005, political philosopher Giorgio Agamben published "State of Exception," a critique of the concept of the state of emergency. Agamben argued that states of emergency can be used to unjustly deprive individuals of their civil and political rights.
In response to widespread riots in 2005, France declared a state of emergency, highlighting the use of this measure to address civil unrest.
By 2006, New South Wales had declared states of emergency on five separate occasions, highlighting the state's vulnerability to various emergencies.
On 13 November 2007, Thierry Rommel, the European Commission's envoy to Malaysia, stated that the country still lives under a state of emergency due to prolonged use of the Emergency Ordinance and the Internal Security Act.
The Public Health and Wellbeing Act of 2008 in Victoria, Australia, granted the Chief Health Officer significant powers to address public health risks during emergencies.
In December 2010, Spain declared its first state of alert since the era of Francisco Franco, signifying a break from the past and the utilization of emergency powers in response to a national crisis.
In August 2011, Prime Minister Kamla Persad-Bissessar declared a state of emergency to address drug and firearm trafficking and gang violence.
The state of emergency was debated in Parliament in September 2011, as required by the Constitution, and was subsequently extended for three months.
In December 2011, a state of emergency was declared in parts of Yobe, Borno, Plateau, and Niger states in Nigeria, reflecting the growing security concerns in these regions. This initial declaration included a temporary closure of international borders in the affected areas.
The state of emergency in Trinidad and Tobago concluded in December 2011.
In May 2012, Egypt's Emergency Law, in place since 1967 with a brief break in 1980-1981, expired. The law had granted extensive powers to the police, suspended constitutional rights, and legalized censorship.
Syria's 2012 constitution introduced a new framework for emergency powers, granting the president the authority to issue emergency decrees with the concurrence of two-thirds of the ministers.
Egypt's Emergency Law, which had expired in May 2012, was put back in place in January 2013 following a period of political unrest.
In May 2013, President Goodluck Jonathan declared a state of emergency across the entire northeastern states of Borno, Yobe, and Adamawa in Nigeria. This expansion of the state of emergency, which had been initially declared in parts of these states in December 2011, aimed to address the escalating insurgency in the region.
On 23 June 2013, Prime Minister Najib Razak declared a state of emergency for Muar and Ledang, Johor due to severe Southeast Asian haze.
Following the 2013 coup d'état, Egypt's interim president declared a one-month state of emergency on August 2013 in response to deadly clashes between supporters of deposed President Mohamed Morsi and security forces.
In December 2013, a special zone of public safety, akin to a state of emergency, was enforced in Pungești, Vaslui, Romania, in response to civil unrest sparked by Chevron's shale gas exploration plans in the village.
Washington state Governor Jay Inslee declared a state of emergency in December 2015 in response to severe flooding and landslides.
As of 2015, the United States had over twenty active national emergencies declared under the IEEPA.
Australia passed the Biosecurity Act in 2015, outlining provisions for declaring a human biosecurity emergency in the event of a severe health threat.
France declared a state of emergency in 2015 following a series of coordinated terrorist attacks in Paris, underscoring the use of emergency measures to respond to security threats.
Following a failed coup attempt, President Recep Tayyip Erdoğan declared a state of emergency in Turkey in July 2016.
Namibia declared a state of emergency in 2016 to address a severe drought that was gripping the nation. This measure underscored the severity of the situation and allowed the government to implement necessary relief efforts.
In February 2018, President Abdulla Yameen of the Maldives declared a 15-day state of emergency. This action was taken in response to a deepening political crisis, during which security forces were ordered into the Supreme Court, resulting in the arrests of former President Maumoon Abdul Gayoom and the Chief Justice.
The state of emergency in Turkey, implemented in 2016 after a coup attempt, was lifted in July 2018.
In a significant move to address the alarming rates of rape and sexual violence, Sierra Leone declared a state of emergency in February 2019. This action underscored the government's commitment to tackling this critical issue.
In October 2019, Hong Kong's Chief Executive Carrie Lam invoked the Emergency Regulations Ordinance to implement a ban on face coverings at public assemblies. The move, aimed at quelling ongoing protests, sparked controversy and legal challenges.
In November 2019, the High Court of Hong Kong ruled that parts of the Emergency Regulations Ordinance were incompatible with the Basic Law, but allowed for its use in specific emergency situations.
In November 2019, the Hong Kong High Court granted a temporary suspension of its ruling on the Emergency Regulations Ordinance, allowing the government to appeal the decision.
The Hong Kong High Court, in November 2019, acknowledged the significance of emergency powers in addressing exceptional circumstances while emphasizing the need for their constitutionality.
The Premier of New South Wales declared a state of emergency in November 2019 in response to the devastating bushfires. This marked the fifth such declaration since 2006.
On 26 November 2019, the High Court announced that the hearing for the government appeal against the judgment is scheduled for 9 January 2020.
On 27 November 2019, the Court of Appeal extended the interim suspension of the judgment until 10 December 2019.
On 10 December 2019, the Court of Appeal refused to suspend the 'unconstitutional' ruling by the Court of First Instance on the anti-mask regulation. The full hearing is scheduled for 9 January 2020.
The state of emergency in New South Wales continued into January 2020, with subsequent declarations extending the initial period. The bushfires had a devastating impact.
On 31 January 2020, the Parliament of Italy approved a state of emergency due to the COVID-19 pandemic, allowing the government to implement administrative acts without parliamentary approval.
As the COVID-19 pandemic gripped the globe, Spain declared its second state of alert in March 2020, underscoring the severity of the health crisis and the government's efforts to contain the virus.
As the COVID-19 pandemic spread globally, Sierra Leone declared a 12-month state of emergency in March 2020. This measure, announced by (Rtd) Brigadier Julius Maada Bio, aimed to curb the virus's transmission and mitigate its impact on the nation's health system and population.
In March 2020, Australia declared a nationwide human biosecurity emergency due to the COVID-19 pandemic, granting the Health Minister broad powers to manage the crisis.
In April 2020, Prime Minister Trudeau considered invoking the Emergencies Act at the beginning of the COVID-19 pandemic. However, he faced unanimous disapproval from all thirteen provincial and territorial premiers.
With the COVID-19 pandemic posing ongoing challenges, Spain declared its third state of alert before the end of October 2020, demonstrating the government's commitment to containing the virus and safeguarding public health.
Numerous states declared states of emergency in 2020 in response to the COVID-19 pandemic.
On 12 January 2021, a nationwide state of emergency was declared in Malaysia by Yang di-Pertuan Agong Abdullah of Pahang, at the request of Prime Minister Muhyiddin Yassin. The state of emergency is planned to end on 1 August 2021.
On 25 February 2021, Yang di-Pertuan Agong announced that the parliament can be convened during the state of emergency.
In May 2021, Prime Minister Keith Rowley declared a state of emergency due to a severe surge in COVID-19 cases, deaths, and healthcare system strain in Trinidad and Tobago.
On 1 August 2021, the nationwide state of emergency in Malaysia declared due to the COVID-19 pandemic is planned to end.
On November 2021, the Ethiopian government issued a six-month state of emergency in response to the escalating Tigray War and the rebel advance.
On 31 December 2021, the state of emergency in Italy, declared due to the COVID-19 pandemic, was planned to end.
On February 2022, Prime Minister Justin Trudeau invoked the Emergencies Act for the first time in response to the Freedom Convoy 2022 protests in Ottawa. The House of Commons approved the invocation with support from the Liberal and New Democratic parties.
In 2024, France declared a state of emergency in New Caledonia following a series of deadly riots, demonstrating the ongoing relevance of emergency measures in maintaining order.
Spain's Organic Law 4/1981, enacted on 4/1981, provides a comprehensive framework for regulating states of emergency. This law elaborates on the constitutional provisions, specifying procedures for declaration, implementation, and oversight of different degrees of emergency measures.