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In Spanish, I know of estado de emergencia, estado de excepción, estado de sitio, and estado de guerra (emergency, exception, siege and war).
I am not an expert in (constitutional) law and I don't know the usage in English, so it would be very helpful if someone who is/knows writes stubs on all of these topics. About half of the examples don't really belong in state of emergency, because they involved political conflict and restrictions of civil liberties, so they should be moved to the other articles once they are created. At least that is according to my understanding of the terms in Spanish.
Also, I wonder whether state of war should redirect to the current article on declaration of war. An article on the constitutional details of state of war in different countries should be separate from the article on intrenational law. -- Miguel
It turns out that the Spanish Constitution actually regulates estado de alarma, estado de excepcion and estado de sitio. Estado de emergencia is widely used in common language and news reports...
Anyway, at least in connection to the original motivation for this article, it would be instructive to summarize what the laws of Ontario and New York say about when the state of emergency can be declared, and what the effects can be. I am gathering information about Spanish law in my Sandbox -- Miguel
The lists of examples at the end of the article have the titles "active in <YEAR>". Shouldn't it be "declared in"? For example, isn't Ethiopia in a State of Emergency still now in 2022? -- Marshagreen — Preceding undated comment added 11:12, 28 February 2022 (UTC)
Article 16 of the constitution is not about the state of emergency (état d'urgence in French) but about full powers to the President (les pleins pouvoirs). That's why I reverted the part of the article about France. Note that state of emergency shall not be confused in French Law with state of siege (état de siège), ruled by an other article of the constitution. Revas 19:54, 8 November 2005 (UTC)
I've deleted the specific examples from the second paragraph for four reasons.
El T 06:39, 9 November 2005 (UTC)
The following I'm copying from "Talk:State of Emergency" that pertain to this article:
Actually no....
No. American law generally doesn't allow for these things even with a declaration of emergency.
Why capital letters, rather than lower-case state of emergency? Michael Hardy 23:28 26 May 2003 (UTC)
Okay, I want to know your source for this, because every court case I ever read makes exceptions for all kinds of things because of it is necessitated by an emergency. So, I am just taking out any reference until you give some sort of cite. I don't have the time to actually cite things. Are you a lawyer? PhatJew
I looked up habeas corpus and it discusses the suspension of rights during an emergency. So, I am putting the stuff about suspension of constitutional rights back in. PhatJew
End of my copying. Cburnett 17:19, 4 January 2006 (UTC)
I added the Habeas Corpus information direct from the Analysis and Interpretation of the Constitution; Annotations of Cases Decided by the Supreme Court of the United States; Senate Document No. 108-17; 2002 Edition: Cases Decided to June 28, 2002. SSG Cornelius Seon (Retired) 08:49, 25 February 2006 (UTC)
Just because something's public domain doesn't make it necessarily appropriate here. In particular
Gazpacho 02:49, 26 February 2006 (UTC)
Is a state of exception a synonym for state of emergency? Since "State of exception" redirects to this article then either it should be explained that it is a synonym for "state of emergency" or explain the difference between the two concepts. -- Cab88 06:55, 9 April 2006 (UTC) The problem with the article is that the philosophical (Agamben) state of exception is quite different from the one described in the article.
France needs to be updated now that the state of emergency has ended. It currently says due to end in february 2005, which has passed.
UK is a bit of a stub. Can someone update it? —The preceding unsigned comment was added by 84.66.110.234 ( talk) 19:59, 2 February 2007 (UTC).
I've been looking through some Presidential Executive Orders and other documents, such as [2], and it appears that President Bill Clinton officially declared a state of emergency in 1995 which continues through at least 2008 January. Is there a good reason why the article shouldn't say something like, "The United States has been in an official state of emergency since 1995?" - Kris Schnee 10:27, 14 April 2007 (UTC)
Removed the statement that courts have been lenient as far as actions to be taken during a state of emergency. The courts don't seem that lenient to me, and stating specific court decisions seems more NPOV than stating a conclusion.
Roadrunner 06:56, 26 August 2007 (UTC)
An anonymous user removed the mention of the US' emergency status from the "Ongoing" section, without explanation. I have restored the text and added the phrase "effectively permanent." Because our heads of state have declared repeatedly in official writing that we are in a state of national emergency, and renew the same status each year continuously since at least 1979 (see eg. [7]; renewal expected by 11.14), this wording is accurate. The fact that our version of a "state of emergency" only involves invoking limited powers makes it important to note that we're not under martial law, but this distinction is already in the US section of the article. Please present reasons for deleting the text if you think removal appropriate. - Kris Schnee ( talk) 15:51, 10 November 2008 (UTC)
It seems to me that the individual states should have their own articles. Florida has a Florida Division of Emergency Management but this is through the eyes of enforcement rather than a discussion of what is given up, taken over, superceded, and why (if germane). This should probably "blend in" to Emergency Management/Homeland Security or complement it, but it is different and different for each state. Normally the state article would refer to this one with core information. It might be simpler if the US section were spun off (forked) if this takes place. Otherwise it gets confusing since other countries employ the word "state." Student7 ( talk) 12:22, 14 May 2008 (UTC)
After creating the article, Emergency rule, I realised that it is essentially, if not entirely the same as State of emergency. For this reason, I am now redirecting Emergency rule here. -- Anthony5429 20:13, 5 November 2007 (UTC)
This line does not include the name of the person you are referring to " Guinea declared a state of emergency on February 12, 2007 when violent protest erupted after he appointed a Prime Minister". can somebody please have a look at it? -- gb2236 12:37, 29th February 2008 (GMT)
In the section about Australia, only 1 state out of 7 is discussed. There is almost no information about the federal government's rights either. This should be changed. Nathan.tang ( talk) 11:22, 14 July 2009 (UTC)
Excuse me, but the “state of tension”in Germany is not applied in case of uprisings as stated in the article. As a mater of fact there aren't any arrangements in germane constitution that refer explicit to the case of uprisings and I doubt that any measurements of the army to put down uprisings would be legal – even under martial law. Nevertheless germane constitution allows parliament to declare “state of tension” if there are hints that the FRG might become the matter of an aggression. In this case the government is allowed to apply laws (only with acceptance of parliament) which otherwise aren't operative. These laws enable the Army to prepare to defend the country. Parliament only can declare “state of defence” if it has declared “state of tension” before. So one might consider “state of tension” to be the pre-stage to “stage of war”. So I deleted the comment that referred to uprisings. —Preceding unsigned comment added by 91.0.76.136 ( talk) 20:53, 5 February 2010 (UTC)
The Reichstag Fire Decree did not suspend the entire Weimar Constitution, but only some of its articles (freedom of speach, freedom of press, etc.). -- Harald Meier ( talk) 20:29, 19 November 2010 (UTC)
=========Tonga and Vanuatu
They have removed already their states of emergency a couple of years ago. They are not ongoing. Please update .MaXiMiLiAnO 19:17, 24 March 2011 (UTC) — Preceding unsigned comment added by Maxcrc ( talk • contribs)
Sections of this article for example Canada have a tone that are hostile towards the nations emergency acts. 99.224.94.158 ( talk) 19:04, 19 April 2011 (UTC)
"In State of Exception (2005), Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their civil and political rights, producing his interpretation of homo sacer."
This is a total misreading of Agamben's book. Agamben doesn't "criticize" Schmitt's idea -- the book is a DEFENSE of Schmitt's idea as a theory of Western politics and a call for developing a radically new politics. Furthermore, Agamben doesn't "argue" that the state of exception "deprives certain people of their civil and political rights;" a state of exception is DEFINED as the suspension of civil and political rights -- Agamben believes that, in the contemporary West, this doesn't just apply to "certain people" but to all people at all times.
The following would be an improvement:
"In State of Exception (2005), Giorgio Agamben developed this idea further, arguing that the mechanism of the state of exception today deprives all people of their civil and political rights, producing his interpretation of homo sacer." — Preceding unsigned comment added by 69.115.62.59 ( talk) 17:20, 1 March 2012 (UTC)
Syria is not mentioned in this article... — Preceding unsigned comment added by 93.94.245.160 ( talk) 16:01, 6 October 2012 (UTC)
The second declaration of a national emergency in Ireland occurred in 1976, not 1972, and was as a result of the assassination of the British ambassador. — Preceding unsigned comment added by 89.28.178.10 ( talk) 14:19, 24 May 2013 (UTC)
Referring to a federal emergency as a "state of emergency" is common among those making dire claims about US policy, but seems quite scarce in legal practice. In IEEPA orders for example, the President finds that a threat exists and declares "an emergency to deal with that threat." If US legal instruments do not declare "states of emergency" then neither should the phrase be used in the US section of this article.
Specifically, any claim added to the article to the effect that "the US is in a state of emergency" based on some executive order the editor dug up should be removed ASAP. Such an edit does not prove any sudden change in how the government operates; rather, it proves the editor's naivete about how the government has operated over the course of its history. 50.185.134.48 ( talk) 05:32, 9 July 2015 (UTC)
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It appears the opening paragraph has been maliciously modified. William von Zehle ( talk) 06:47, 14 March 2020 (UTC)
The Examples section is growing way too long, and US-centric. I propose a separate list article, if people want to list each individual country and state's declarations. Laterthanyouthink ( talk) 12:08, 28 March 2020 (UTC)
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![]() | This article was selected as the article for improvement on 3 June 2024 for a period of one week. |
In Spanish, I know of estado de emergencia, estado de excepción, estado de sitio, and estado de guerra (emergency, exception, siege and war).
I am not an expert in (constitutional) law and I don't know the usage in English, so it would be very helpful if someone who is/knows writes stubs on all of these topics. About half of the examples don't really belong in state of emergency, because they involved political conflict and restrictions of civil liberties, so they should be moved to the other articles once they are created. At least that is according to my understanding of the terms in Spanish.
Also, I wonder whether state of war should redirect to the current article on declaration of war. An article on the constitutional details of state of war in different countries should be separate from the article on intrenational law. -- Miguel
It turns out that the Spanish Constitution actually regulates estado de alarma, estado de excepcion and estado de sitio. Estado de emergencia is widely used in common language and news reports...
Anyway, at least in connection to the original motivation for this article, it would be instructive to summarize what the laws of Ontario and New York say about when the state of emergency can be declared, and what the effects can be. I am gathering information about Spanish law in my Sandbox -- Miguel
The lists of examples at the end of the article have the titles "active in <YEAR>". Shouldn't it be "declared in"? For example, isn't Ethiopia in a State of Emergency still now in 2022? -- Marshagreen — Preceding undated comment added 11:12, 28 February 2022 (UTC)
Article 16 of the constitution is not about the state of emergency (état d'urgence in French) but about full powers to the President (les pleins pouvoirs). That's why I reverted the part of the article about France. Note that state of emergency shall not be confused in French Law with state of siege (état de siège), ruled by an other article of the constitution. Revas 19:54, 8 November 2005 (UTC)
I've deleted the specific examples from the second paragraph for four reasons.
El T 06:39, 9 November 2005 (UTC)
The following I'm copying from "Talk:State of Emergency" that pertain to this article:
Actually no....
No. American law generally doesn't allow for these things even with a declaration of emergency.
Why capital letters, rather than lower-case state of emergency? Michael Hardy 23:28 26 May 2003 (UTC)
Okay, I want to know your source for this, because every court case I ever read makes exceptions for all kinds of things because of it is necessitated by an emergency. So, I am just taking out any reference until you give some sort of cite. I don't have the time to actually cite things. Are you a lawyer? PhatJew
I looked up habeas corpus and it discusses the suspension of rights during an emergency. So, I am putting the stuff about suspension of constitutional rights back in. PhatJew
End of my copying. Cburnett 17:19, 4 January 2006 (UTC)
I added the Habeas Corpus information direct from the Analysis and Interpretation of the Constitution; Annotations of Cases Decided by the Supreme Court of the United States; Senate Document No. 108-17; 2002 Edition: Cases Decided to June 28, 2002. SSG Cornelius Seon (Retired) 08:49, 25 February 2006 (UTC)
Just because something's public domain doesn't make it necessarily appropriate here. In particular
Gazpacho 02:49, 26 February 2006 (UTC)
Is a state of exception a synonym for state of emergency? Since "State of exception" redirects to this article then either it should be explained that it is a synonym for "state of emergency" or explain the difference between the two concepts. -- Cab88 06:55, 9 April 2006 (UTC) The problem with the article is that the philosophical (Agamben) state of exception is quite different from the one described in the article.
France needs to be updated now that the state of emergency has ended. It currently says due to end in february 2005, which has passed.
UK is a bit of a stub. Can someone update it? —The preceding unsigned comment was added by 84.66.110.234 ( talk) 19:59, 2 February 2007 (UTC).
I've been looking through some Presidential Executive Orders and other documents, such as [2], and it appears that President Bill Clinton officially declared a state of emergency in 1995 which continues through at least 2008 January. Is there a good reason why the article shouldn't say something like, "The United States has been in an official state of emergency since 1995?" - Kris Schnee 10:27, 14 April 2007 (UTC)
Removed the statement that courts have been lenient as far as actions to be taken during a state of emergency. The courts don't seem that lenient to me, and stating specific court decisions seems more NPOV than stating a conclusion.
Roadrunner 06:56, 26 August 2007 (UTC)
An anonymous user removed the mention of the US' emergency status from the "Ongoing" section, without explanation. I have restored the text and added the phrase "effectively permanent." Because our heads of state have declared repeatedly in official writing that we are in a state of national emergency, and renew the same status each year continuously since at least 1979 (see eg. [7]; renewal expected by 11.14), this wording is accurate. The fact that our version of a "state of emergency" only involves invoking limited powers makes it important to note that we're not under martial law, but this distinction is already in the US section of the article. Please present reasons for deleting the text if you think removal appropriate. - Kris Schnee ( talk) 15:51, 10 November 2008 (UTC)
It seems to me that the individual states should have their own articles. Florida has a Florida Division of Emergency Management but this is through the eyes of enforcement rather than a discussion of what is given up, taken over, superceded, and why (if germane). This should probably "blend in" to Emergency Management/Homeland Security or complement it, but it is different and different for each state. Normally the state article would refer to this one with core information. It might be simpler if the US section were spun off (forked) if this takes place. Otherwise it gets confusing since other countries employ the word "state." Student7 ( talk) 12:22, 14 May 2008 (UTC)
After creating the article, Emergency rule, I realised that it is essentially, if not entirely the same as State of emergency. For this reason, I am now redirecting Emergency rule here. -- Anthony5429 20:13, 5 November 2007 (UTC)
This line does not include the name of the person you are referring to " Guinea declared a state of emergency on February 12, 2007 when violent protest erupted after he appointed a Prime Minister". can somebody please have a look at it? -- gb2236 12:37, 29th February 2008 (GMT)
In the section about Australia, only 1 state out of 7 is discussed. There is almost no information about the federal government's rights either. This should be changed. Nathan.tang ( talk) 11:22, 14 July 2009 (UTC)
Excuse me, but the “state of tension”in Germany is not applied in case of uprisings as stated in the article. As a mater of fact there aren't any arrangements in germane constitution that refer explicit to the case of uprisings and I doubt that any measurements of the army to put down uprisings would be legal – even under martial law. Nevertheless germane constitution allows parliament to declare “state of tension” if there are hints that the FRG might become the matter of an aggression. In this case the government is allowed to apply laws (only with acceptance of parliament) which otherwise aren't operative. These laws enable the Army to prepare to defend the country. Parliament only can declare “state of defence” if it has declared “state of tension” before. So one might consider “state of tension” to be the pre-stage to “stage of war”. So I deleted the comment that referred to uprisings. —Preceding unsigned comment added by 91.0.76.136 ( talk) 20:53, 5 February 2010 (UTC)
The Reichstag Fire Decree did not suspend the entire Weimar Constitution, but only some of its articles (freedom of speach, freedom of press, etc.). -- Harald Meier ( talk) 20:29, 19 November 2010 (UTC)
=========Tonga and Vanuatu
They have removed already their states of emergency a couple of years ago. They are not ongoing. Please update .MaXiMiLiAnO 19:17, 24 March 2011 (UTC) — Preceding unsigned comment added by Maxcrc ( talk • contribs)
Sections of this article for example Canada have a tone that are hostile towards the nations emergency acts. 99.224.94.158 ( talk) 19:04, 19 April 2011 (UTC)
"In State of Exception (2005), Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their civil and political rights, producing his interpretation of homo sacer."
This is a total misreading of Agamben's book. Agamben doesn't "criticize" Schmitt's idea -- the book is a DEFENSE of Schmitt's idea as a theory of Western politics and a call for developing a radically new politics. Furthermore, Agamben doesn't "argue" that the state of exception "deprives certain people of their civil and political rights;" a state of exception is DEFINED as the suspension of civil and political rights -- Agamben believes that, in the contemporary West, this doesn't just apply to "certain people" but to all people at all times.
The following would be an improvement:
"In State of Exception (2005), Giorgio Agamben developed this idea further, arguing that the mechanism of the state of exception today deprives all people of their civil and political rights, producing his interpretation of homo sacer." — Preceding unsigned comment added by 69.115.62.59 ( talk) 17:20, 1 March 2012 (UTC)
Syria is not mentioned in this article... — Preceding unsigned comment added by 93.94.245.160 ( talk) 16:01, 6 October 2012 (UTC)
The second declaration of a national emergency in Ireland occurred in 1976, not 1972, and was as a result of the assassination of the British ambassador. — Preceding unsigned comment added by 89.28.178.10 ( talk) 14:19, 24 May 2013 (UTC)
Referring to a federal emergency as a "state of emergency" is common among those making dire claims about US policy, but seems quite scarce in legal practice. In IEEPA orders for example, the President finds that a threat exists and declares "an emergency to deal with that threat." If US legal instruments do not declare "states of emergency" then neither should the phrase be used in the US section of this article.
Specifically, any claim added to the article to the effect that "the US is in a state of emergency" based on some executive order the editor dug up should be removed ASAP. Such an edit does not prove any sudden change in how the government operates; rather, it proves the editor's naivete about how the government has operated over the course of its history. 50.185.134.48 ( talk) 05:32, 9 July 2015 (UTC)
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It appears the opening paragraph has been maliciously modified. William von Zehle ( talk) 06:47, 14 March 2020 (UTC)
The Examples section is growing way too long, and US-centric. I propose a separate list article, if people want to list each individual country and state's declarations. Laterthanyouthink ( talk) 12:08, 28 March 2020 (UTC)