States of Emergency - Centre for Policy Alternatives

In comparative experience, this principle Linds near universal
recognition, although the particular institutional architecture to
give effect to it varies widely depending on contextual political
factors, the general system and speciLic structures of government,
and constitutional traditions of each jurisdiction. It is important to
bear in mind that the distribution of power under the
constitutional dispensation as a whole inLluences the design of
arrangements regarding states of emergency. This applies both to
the ‘horizontal’ arrangements at the centre in terms of the
separation of power between the executive and the legislature,
and in federal‐type systems, where more complex ‘vertical’
arrangements may be in place for mediating between multiple
orders of government. Broadly, however, the constitutional
provisions for declaration of states on emergency fall into three
groups: viz., those that vest the power of declaration in the
legislature (usually parliamentary systems), those empowering
executive initiative (generally presidential systems), and others
that are hybrid.
Prominent among countries that vest the power of declaration in
the legislature (although initiation of the process rests with the
executive) 103 are South Africa, 104 Germany 105 and Israel, 106 which
are all essentially parliamentary systems. 107 However, in the
interests of a rapid response, which the executive is better placed
103
For e.g. Article 38 (c) of the Israeli Basic Law: The Government
104
Section 34 (1) of the South African Constitution
105
Article 115a of the German Basic Law
106
Article 38 (a) of the Israeli Basic Law: The Government
107
See also Article 48 (1) of the Greek Constitution; Articles 78, 87 of the
Italian Constitution; Ganev (1997), op cit., pp.587‐589 for Eastern
European constitutions
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