![]() ![]() ![]() In Article 1, Section 8, paragraph 15, on the Powers of Congress, it states that the Congress has the power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions. The Constitution of the United States of America concisely regulated emergency situations. ![]() They were defined in local Constitutions in the United States of America, and incorporated into the Federal Constitution in 1791, as well as in the Declaration of the Rights of Man and of the Citizen in 1789, in France, which was added to its constitution in 1791. Furthermore, it should be taken into account that these new constitutional documents incorporated human rights of an individual nature (of property, freedom and security). This gave way to begin to include declarations of states of emergency in constitutions, which would later become legislation, to face internal insurrections and external threats. Furthermore, guidelines on faculties of emergency, minimal as they may be, were introduced in these first modern constitutions. These new rules were characterized by being essentially repressive in the face of the previous preventive practices, legal instead of arbitrary and finally effective as regards the frequent inefficiency seen in the previous autocratic regime. With the coming of classic constitutionalism, which began with the War of Independence in the United States of America and the French Revolution on the Continent, the preventive procedures of the old regime were torn down and a new era began with the establishment of the concept of constitutional public order, as opposed to the absolutist system of the old regime. According to doctrine, situations of emergency were predominantly preventive in nature, rather than repressive, since measures were taken, such as the supply of foodstuffs when there was a shortage, to avoid uprisings as much as possible. These disturbances were repressed pragmatically, severely punishing the most conspicuous and pardoning the rest of the people. This was markedly true when dealing with internal conflicts in which riots -that is, uprisings- prevailed, especially in times of food shortages. During the time known as the Ancient Regime, that is, the time of absolutist regimes in Continental Europe and to a certain extent in England, situations of emergency were not regulated with precision. In both normal conditions and those of emergency, the sovereign's authority were, at least in theory, legally regulated, in the first case by the ius imperii and in the second by the ius especiale. In this situation, the sovereign could depart from ius commune. During the Renaissance, a difference was made between jura imperii, which comprised the authority of the sovereign, king or emperor, as well as the issuance of legislation and its enforcement, and jura dominationes, which was exercised during war and insurrection in the interest of the survival of the State and social peace. Various writers, including Saint Thomas of Aquinas, justified tyrannicide in the case of the latter. At this time and with numerous variations, distinction was made between the assuming an extensive scope of powers needed in times of internal and external conflicts for a limited period of time and becoming a tyrant, who usurped or distorted these powers permanently. These two concepts continued to exist in the middle Ages. This same author made a distinction between temporary (commissarial) and permanent (sovereign) dictatorships, which became tyrannical like those of Sulla and Caesar. However, in practice, if the situation returned to normal before the end of said period, the appointee had to step down from that position. This meant that, at the behest of the Senate, the Consul designated a public official for a period of six months and granted said official the authority needed to face the emergency. In fact, the well-known German legal scholar Carl Schmitt pointed out that during the Republic, a commissarial dictatorship was established. The creation of legal provisions to regulate serious situations of internal or external conflicts came into being in a defined way in Roman law, in that temporary norms were established so that public authorities could overcome dangerous situations that stemmed from internal insurrections or external wars. A BRIEF ACCOUNT OF HISTORICAL PRECEDENTSÄ¡. States of emergency and international terrorism. States of emergency in international human rights law and its influence in Latin America. ![]() Judicial ratification of states of emergency in Latin America. States of emergency in Latin American Constitutional Statutes. A brief account of historical precedents of states of emergency. STATES OF EMERGENCY AND DEFENDING THE CONSTITUTION * ![]()
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