A state of emergency is a governmental declaration that may suspend certain normal functions of government or may work to alert citizens to alter their normal behaviors or to order government agencies to implement their emergency preparedness plans. It can also be used as the rationale for suspending civil liberties; such declarations come during time of natural disaster or during periods of civil unrest or a declaration of war; dictatorial regimes often declare a state of emergency that is prolonged indefinitely as long as the regime lasts.

Some political theorists have argued that the power to declare a state of emergency is the most fundamental power of government, and that knowing who decides on declaring a state of emergency in a given country or territory tells you a lot about where the real power in that country or territory is located, even if the country's constitution paints a different image on the surface.

In some countries, the state of emergency and its effects on civil liberties are regulated by the constitution or a law that limits the powers that may be invoked during an emergency or rights suspended. An example can be found in Art. 2-B of the Executive Law of New York state.

In the United States a federal emergency declaration allows the Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also become 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.

In the United Kingdom the monarch may declare a state of emergency by Royal Proclamation . While the emergency lasts temporary legislation may be introduced by virtue of Orders in Council. As of January 2004 legislation is being prepared to update these powers.

In Spain (estado de emergencia in Spanish) there are three degrees of state of emergency, namely alerta (alarm), excepción (exception?) and sitio (siege). They are named by the constitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981".

In Germany the emergency legislature (passed in 1968 despite fierce opposition by the German student movement) states that the basic constitutional rights of the Grundgesetz may be limited in case of a state of defence, a state of tension, or an internal state of emergency or disaster.

Egypt has been in a state of emergency since October 6, 1981; Brunei Darussalam since December 12, 1962; and Israel since May 19, 1948.

In India, Indira Gandhi declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud. The Emergency lasted for 19 months; see Indian Emergency.

Examples

• February 2005 in Nepal
• December 2004 in Sri Lanka, Indonesia and Maldives.
• November 2004 in Iraq
• October 2004 in the Gaza Strip and West Bank
• April 2004 in Ryongchon, North Korea following a major explosion
• November 2003 in Georgia, following weeks of civil unrest.
• August 2003 in Michigan, Ohio, New York, US and Ontario, Canada, in response to the 2003 North America blackout
• August 2003 in the Philippines
• August 2003 in Portugal, in response to forest fires
• July 2003 in Mexico, in response to a West Nile virus outbreak (estado de emergencia)
• May 2003 in Peru (estado de excepción or estado de sitio depending on the source)
• April 2003 in Mato Grosso, Brazil, in response to torrential rainfall (estado de emergência)
• March 2003 in Serbia after assassination of Zoran Djindjic (vanredno stanje)
• September 2002 in Moscow, Russia, in response to smoke pollution from forest fires
• July 2002 in Paraguay (estado de excepción)
• December 2001 in Argentina (estado de sitio), in response to public unrest
• November 2001 in Nepal, in response to increased guerrilla activity
• September 2001 in the U.S., in response to the September 11, 2001 attacks
• March 1992 in Moldavia, in response to ethnic conflict between Romanian and Russian minorities

See also

• State of war
• Martial law

External links

• NYS Executive law, art. 2-B
• Senate Report 93-549