Saturday, November 29, 2014

WHAT iS STATE OF EMERGENCY

 Did you know what is state of emergency? Follow me I always give you straight. Answers ;
A government may declare that the
country is in a state of
emergency. This means that the
government can suspend and/or
change some functions of the
executive, the legislative and or the
judiciary during this period of time.
It alerts citizens to change their
normal behaviour and orders
government agencies to implement
emergency plans. A government
can declare a state of emergency
during a time of natural or human-
made disaster, during a period of
civil unrest, or following a
declaration of war or situation of
international/internal armed
conflict. Justitium is its equivalent
in Roman law.
It can also be used as a rationale
(or pretext) for suspending rights
and freedoms guaranteed under a
country's constitution or basic law.
The procedure for and legality of
doing so varies by country. Under
international law, rights and
freedoms may be suspended
during a state of emergency, for
example, a government can detain
citizens and hold them without
trial. All rights that can be
derogated from are listed in the
International Covenant for Civil and
Political Rights . Some sources
argue that non-derogable rights
cannot be suspended.[1] However
this theory is contested. Emergency
law does and can override non-
derogatory rights during a state of
emergency.[2]
Some countries have made it illegal
to modify emergency law or the
constitution during the emergency,
other countries have the freedom
to change any legislation or rights
based constitutional frameworks,
at any time that the legislative
chooses to do so. Constitutions are
contracts between the individual
government and the citizens of that
Country. The International
Covenant for Civil and Political
Rights (ICCPR) is an international
law document signed by states.
Therefore the Covenant only
applies to states not citizens.
However signatories to the
Covenant are expected to integrate
it into national legislation. The state
of emergency (within the ICCPR
framework) must be publicly
declared and the Secretary-General
of the United Nations must be
contacted immediately, to declare
the reason for the emergency, the
date on which the emergency is to
start, the derogations that may take
place, with the timeframe of the
emergency and the date in which
the emergency is expected to
finish. Although this is common
protocol stipulated by the ICCPR
often this is not strictly followed.

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