A state of emergency gives governments emergency legal powers to steer the country through extreme circumstances like natural disasters, armed conflict, civil unrest or an epidemic. This means normal government functions may be suspended, citizens may be advised to change their behaviour and governments agencies can execute contingency plans. In addition, certain non-absolute civil liberties and human rights may be limited or suspended. This is all in the name of public safety and protecting people from harm.
Often, the normal legislative processes through which government functions are too slow to respond swiftly in emergencies and save lives. In such cases, it is important that government has the ability to implement exceptional laws and measures to quickly tackle the situation – including curfews, rationing, and rapidly mobilizing military forces.
While states of emergency are essential in extraordinary situations, they should be compatible with the rule of law and limit restrictions on people’s rights to what is strictly necessary. This is why it’s important that the government communicates clearly what rules and restrictions are legally binding and what are just suggestions or public health guidance. Our 2022 rule of law report found that in half the countries surveyed, it was not clear what constituted a legal requirement and which were just guidelines.
In an actual state of emergency, the Governor will formally declare that a State of Emergency has been declared at a local or national level. This will activate the State’s Emergency Operations Plan, enable NJOEM to deploy staff and resources as needed and set a number of key parameters in place.