As public health officials and other government agencies gear up to tackle a new threat—such as another pandemic—the legal landscape for states to use emergency powers is evolving. Some governments may have more tools for addressing threats than others, while in some cases these changes could limit or restrict the mechanisms that can be used to garner resources and power when responding to emergencies.
A state of emergency is a declaration by the President of a country that exists in “exceptional and imminent danger to life”. Such danger can be caused by natural disasters or man-made problems like terrorist attacks or civil unrest. Governments usually give themselves extra privileges when they call a state of emergency.
These regulations can infringe on constitutional rights enshrined within Sections 4 and 5 of the Constitution, but only to the extent that they are “reasonably justifiable in the context of the situation that has arisen” (Section 7(3)). This allows the government to act quickly to deal with the crisis without having to go through normal legislative procedures.
The President has the discretion to extend a state of emergency by up to 90 days, but it can only be extended with the consent of the Sejm (Parliament). During the duration of a state of emergency, the Constitution and electoral laws cannot be changed, and neither the President nor the Sejm can be dissolved. There can also be no national or local elections and referendums.