A state of emergency (or emergency declaration or etat d’exception) allows governments to push through policies they would normally be prevented from doing for the safety and protection of their citizens. It may be prompted by natural disasters, civil unrest, armed conflict, medical pandemics or other biosecurity threats, terrorism, or severe environmental damage caused by storms or other natural events. Some countries have specific statutes that determine what can be considered a state of emergency, but others simply use general laws to define emergencies as broadly as possible.
State emergencies can significantly enhance the power of government, and allow it to bypass traditional checks and balances. In the United States, for example, a federal state of emergency gives the president the power to impose regulations on a wide range of activities, including shutting down or controlling domestic transportation, suspending the Clean Air Act and even seizing Americans’ private property without any judicial oversight.
In contrast, the national constitution of Hungary only permits a state of emergency for an armed rebellion or a natural or industrial disaster that threatens the country’s security or public order. The duration of such a state of emergency is limited to 30 days, but can be extended if approved by Parliament. Civil rights can be suspended during a state of emergency, but basic human rights such as the right to life cannot.
After the Governor’s state of emergency proclamation, the New Jersey Office of Emergency Management will activate all applicable State and Federal emergency response protocols and resources. If NJOEM must restrict citizen movement or activity, they will notify the public via emergency alert systems, news media, DOT highway signs and law enforcement teletypes.