A state of emergency empowers governments to push through policies they might otherwise be restricted from doing for the safety and security of their citizens. Such emergencies may be caused by natural disasters, civil unrest, armed conflict or a public health event such as a pandemic. Depending on the circumstances, states of emergency may include derogations that override human rights usually protected by the International Covenant on Civil and Political Rights.
The power to declare a state of emergency can be vested in the President of a country, or the Parliament on advice of the Prime Minister. The President or the parliament can pass emergency regulations which may infringe upon civil liberties such as freedom of movement and of assembly. However, these encroachments can only be justified by demonstrating that they are necessary in the circumstances. These encroachments are generally limited to the duration of the state of emergency unless they are extended.
In practice, this means that states of emergency are often used by dictatorships to circumvent constitutional limits and to suppress dissenting voices. The Weimar Constitution, for instance, allowed for states of emergency in order to deal with rebellions. This was widely abused during the 14-year life of the Weimar Republic, with dictatorships using long-lasting states of emergency to control their populations.
In the United States, the Stafford Act (SS401) requires that a governor of a state or any of its territories, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands and the Federated States of Micronesia request a presidential declaration of a state of emergency in response to a catastrophic disaster. This can be in the form of an executive order, a presidential proclamation or an emergency management plan.