A state of emergency is a government declaration that allows the state to act faster and more aggressively in response to a disaster, terrorism or other crisis. States typically invoke a state of emergency in order to quickly create and distribute medical supplies, for example, or to impose curfews, institute rationing, and mobilize the military. States of emergency can also allow for the confiscation of property, a suspension of elections or referendums, and other measures that may limit constitutionally protected freedoms and rights.
Some states have explicit constitutional provisions on a state of emergency, which entail a series of checks and balances against abuse. Chile and Estonia, for example, both have a constitutional emergency clause that defines varying levels of emergencies with different powers and conditions attached to them. Chile and Estonia have notified derogations from the American Convention on Human Rights (ACHR), European Convention on Civil and Political Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR), which allows them to impose these states of emergency without the need for parliamentary approval, although they must periodically review their emergency laws.
However, even when there are robust constitutional safeguards on a state of emergency, such provisions cannot guarantee compliance. Compliance is ultimately dependent on the executive’s commitment to constitutional and legal order, and whether or not it uses its emergency powers in the interests of the public. A state of emergency gives governments the power to circumvent the normal legislative path and act faster, but that doesn’t mean that a state of emergency is necessarily an indication of misuse of these powers. In fact, many states have managed crises through ordinary legislation rather than by using their state of emergency powers.