The Emergency Powers Act 1939 was an act of the Oireachtas (Irish parliament) enacted on 3 September 1939 after an official state of emergency had been declared on 2 September 1939. The act allowed the government to:
The act gave the government the ability to maintain Irish neutrality during The Emergency by providing sweeping new powers to the government for the duration of the emergency, such as internment, censorship of the media and mail by postal censorship, and the government control of the economy.
During the Dáil debate on the act, Fine GaelTD, John A. Costello was highly critical of the delegation of powers, stating that,
Preparation for the emergency were well in hand a year before it was needed, because by way of the 1938 Anglo-Irish Trade Agreement, access had been acquired to the British government's Second World War legal emergency preparations. The Sudetenland crisis prompted the adapting of the British "war book" for Ireland's purposes with draft legislation already finished by September 18, 1938.
"If at any time it appears to His Majesty that any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community, of the essentials of life, His Majesty may, by proclamation (hereinafter referred to as a proclamation of emergency), declare that a state of emergency exists."
was amended:
"...for the words from 'any action' to 'so extensive a scale' there shall be substituted the words 'there have occurred, or are about to occur, events of such a nature'."
The exact grounds for such a proclamation by the monarch are defined in the Act as:
"...any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community, of the essentials of life..."
A government or division of government (i.e. on a municipal, provincial/state level) may declare that their area is in a state of emergency. This means that the government can suspend and/or change some functions of the executive, the legislative and/or the judiciary during this period of time. It alerts citizens to change their normal behavior and orders government agencies to implement emergency plans. A government can declare a state of emergency during a time of natural or human-made disaster, during a period of civil unrest, or following a declaration of war or situation of international/internal armed conflict. Justitium is its equivalent in Roman law, where Senate could put forward senatus consultum ultimum.
It can also be used as a rationale (or pretext) for suspending rights and freedoms guaranteed under a country's constitution or basic law. The procedure for and legality of doing so varies by country.
Relationship with International law
Under international law, rights and freedoms may be suspended during a state of emergency; for example, a government can detain persons and hold them without trial. All rights that can be derogated from are listed in the International Covenant for Civil and Political Rights. Non-derogable rights cannot be suspended. Non-derogable rights are listed in Article 4 of the ICCPR, they include the rights to freedom from arbitrary deprivation of liberty and to freedom from torture and/or ill-treatment.
An official note released by the JusticeMinistry on Sunday said that under Italy-US extradition treaties, “only crimes that are punishable according to the laws of both sides can lead to extradition, ...
... of documents, can’t be considered as existing.” The ministry said that the potential charge against Abedini — criminal association for violating the InternationalEmergency Economic PowersAct, a U.S.
The ministry said that the potential charge against Abedini – criminal association for violating the InternationalEmergency Economic PowersAct, a US federal law – “did not correspond to any conduct recognized by Italian law as a crime” ...Share ... .
In early 2022, when Canadian truckers staged peaceful protests against his stringent COVID-19 restrictions, Trudeau invoked the Emergencies Act for the first time in Canadian history.
The ministry said that the potential charge against Abedini - criminal association for violating the InternationalEmergency Economic PowersAct, a US federal law - 'did not correspond to any conduct recognized by Italian law as a crime.' ... ItalyIran. .
Trade Representative, said the incoming president could use the International Economic EmergencyPowersAct (IEEPA) ... president authority to control economic transactions after declaring an emergency ... Trump is aware of the power of the statute.
Under the International Economic EmergencyPowersAct (IEEPA), the president not only has the power to take certain actions when a national economic emergency exists but also the authority to declare such an emergency.
Under the International Economic EmergencyPowersAct (IEEPA), the president not only has the power to take certain actions when a national economic emergency exists but also the authority to declare such an emergency.
The current act enables renewable energy vendors to sell electricity only to users, while emerging power resources such as energy storage and demand response measures are not explicitly legalized, the ministry said.
A CNN report on Wednesday said that Trump was mulling levying new tariffs on all imported goods from allies and adversaries by using the International Economic EmergencyPowersAct, which authorizes a ...
Trump could utilize the International Economic EmergencyPowersAct (IEEPA) to unilaterally manage imports and create a new tariff program, while a final decision is pending as the ...
