A state of emergency is a declaration that because of some crisis, the normal workings of government are suspended in a given jurisdiction. Normally, there are conditions that need to be met before a state of emergency can be declared and limitations on how long it can remain in place, though those limits can be circumvented by some governments. In a state of emergency, the government has more powers that it otherwise would have under ordinary circumstances and can bypass constitutional protections for the sake of keeping the peace or maintaining order.
The definition of a state of emergency varies widely from country to country, but it can encompass anything from a natural disaster to terrorist attacks or internal unrest. It can also give the government more power than it normally has by allowing it to suspend some civil rights.
Generally, when a state of emergency is in effect, the government may confiscate property, order civilians to evacuate or take other steps that would not be allowed under regular civil laws. It can also approve large expenses without the normal due process. According to a report by Nicole Questiaux and Leandro Despouy, two consecutive United Nations Special Rapporteurs on human rights and the state of emergency (etat d’exception), there are seven general principles that need to be observed during a state or de facto situation of emergency:
In the United Kingdom, the monarch, on the advice of the Privy Council, can declare a state of emergency and introduce emergency regulations under the Civil Contingencies Act 2004. These regulations must be limited to thirty days, though they can be extended by Parliament.
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