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Meaning Of State Of Emergency - Politics - Nairaland

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Meaning Of State Of Emergency by nahinbdis: 8:05pm On May 14, 2013
A state of emergency is a governmental declaration which usually suspends a few normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.

In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable rights.[1] In many countries it is illegal to modify the emergency law or the constitution during the emergency

Source : Wikipedia
Re: Meaning Of State Of Emergency by nahinbdis: 8:11pm On May 14, 2013
Ongoing

United States, specifically New Jersey, has been in a state of disaster due to Hurricane Sandy.

Israel has been in a state of emergency (Martial Law) since the 1948 Arab–Israeli War.[48] Israel's parliament, the Knesset, re-extends the validity of the state of emergency annually.[49]

Tonga's prime minister declared a state of emergency (Martial Law) on November 17, 2006 due to civil unrest in the nation's capital.

Fiji is under a state of emergency (Martial Law) as declared by Commodore Frank Bainimarama on December 5, 2006 in the 2006 Fijian coup d'état.

Vanuatu declared a state of emergency (Martial Law) on March 5, 2007 because of ethnic clashes in the capital Port Vila.

In the Palestinian Occupied Territories, Palestinian President Mahmoud Abbas declared a state of emergency (Martial Law) in the Gaza Strip and West Bank following Hamas's takeover of power in the Gaza Strip.

Somalia has been in a state of emergency (Martial Law) since 2009.
Japan declared a state of emergency on March 11, 2011 due to a massive earthquake and tsunami near the Japanese island Honshu; Richter scale measure: 9.1

Yemen declared a state of emergency (Martial Law) on March 18, 2011.
Trinidad and Tobago declared a state of emergency on August 21, 2011, due to an upsurge in violent crime.[50]

Slovakia declared a state of emergency for numerous hospitals on November 28, 2011, due to mass medicare workers resignation.[51]

Philippines declared a state of calamity on December 20, 2011, following the onslaught of Tropical Storm Washi or Sendong which brought the Asian nation 1080 people of fatalities and 1079 people missing and nearly 1 billion pesos worth of damage to infrastructure and agriculture, in order to institute prize freeze on heavily affected areas and to allow for the release of calamity funds.[52][53]

United States declared a state of emergency on September 11, 2001, this state of emergency has been maintained without pause into the present.[citation needed]
Egypt declared a state of emergency again as well as a curfew on January 27, 2013 after deadly clashes and protests occur in three cities.[54]

Myanmar declared a state of emergency in Meiktila due to ongoing sectarian violence

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Re: Meaning Of State Of Emergency by nahinbdis: 8:16pm On May 14, 2013
Article 4 to the International Covenant on Civil and Political Rights (ICCPR), permits states to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Covenant, however, must only be to the extent required by the exigencies of the situation, and must be announced by the State Party to the Secretary-General of the United Nations.
Re: Meaning Of State Of Emergency by Nobody: 8:48pm On May 14, 2013
Very educative hmm
Re: Meaning Of State Of Emergency by evilspirit: 9:10pm On May 14, 2013
don't look at Wikipedia look at your constitution men!

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Re: Meaning Of State Of Emergency by FunnyPikincom(m): 9:53pm On May 14, 2013
Nice one
Re: Meaning Of State Of Emergency by Temismith(f): 11:06pm On May 14, 2013
Ookk, so dis is wat state for emeregency means. So adamawa,borno and yobe are d emergency states. Tnk you o. I haff learned anoda tin today.
Re: Meaning Of State Of Emergency by Xfactoria: 1:24am On May 15, 2013
evilspirit: don't look at Wikipedia look at your constitution men!

Thank you jare! This is the Nigerian constitution's definition of state of emergency:

[b]305. (1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.
(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.
(3) The President shall have power to issue a Proclamation of a state of emergency only when -
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.
(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.
(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.
(6) A Proclamation issued by the President under this section shall cease to have effect -
(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;
(c) after a period of six months has elapsed since it has been in force:
Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.
[/b]
Re: Meaning Of State Of Emergency by nahinbdis: 8:46am On May 15, 2013
evilspirit: don't look at Wikipedia look at your constitution men!

And is there any difference between the legal framework stated in the constitution as detailed above and the meaning/application that I posted?

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