A state of emergency is a legal term used to describe situations where a government has the power to impose certain types of laws and restrictions on its citizens. It is often used by dictatorial regimes to override the rights of their citizens usually protected by the International Covenant on Civil and Political Rights and to extend their powers during a crisis.
In the United Kingdom, the British Sovereign (usually on the advice of the Privy Council) has the power to make regulations under the Civil Contingencies Act 2004 during a state of emergency. These regulations can infringe on the freedoms enshrined in sections 4 and 5 of the British Constitution but only to the extent that they are “reasonably necessary for the purpose of dealing with the situation which exists during the period of the proclamation”.
Increasingly, states allow governors to declare emergencies in response to public health or natural disasters. These declarations typically include a description of the geographical area covered and may contain lists of prohibitions and restrictions such as restricting where people can go, imposing curfews or limiting where people can travel in and out of the affected area. In some states, other executive officers like the director of a state agency or local mayors have the authority to declare emergencies and to activate emergency authorities for their own jurisdictions.
A State of Emergency can be revoked by the government after 30 days or earlier by a resolution in either House of Parliament. However, this is rare and the regulations imposed during a State of Emergency are usually limited to those that can be considered essential to ensure public safety or protect property.