A state of emergency gives government powers it would not otherwise be able to take in normal times. This is designed to respond to perilous situations that might be outside the scope of what ordinary law enforcement can deal with. However, it can also create an opportunity for abuses as democratic checks and balances are weakened.
States of emergency are commonly called during natural disasters, terrorism attacks or other incidents that put people in danger. They can give governments a range of extra powers, including the ability to suspend basic freedoms like free speech, travel and assembly. They can commandeer and ration supplies like food, water and shelter. And they can take control of infrastructure like broadcasting and utilities.
Some countries have explicit constitutional provisions for the use of a state of emergency, with specific conditions attached to each level and requiring parliamentary approval. Others rely on a vaguely defined state of emergency or ‘state of civil disturbance’, which does not require parliamentary approval but has similar powers to those available in a full state of emergency. These kinds of measures might not be as restrictive as a full state of emergency but they can still have a big impact on citizens’ rights and liberties.
Even in states where there are robust constitutional safeguards, there are concerns that the use of a state of emergency is being used to restrict the rights and freedoms of citizens. For example, Egypt’s current state of emergency, which is not specifically authorised by the Constitution, has been extended multiple times in response to the coronavirus pandemic and has been in place for over a year now.