Hostname: page-component-7bb8b95d7b-fmk2r Total loading time: 0 Render date: 2024-09-14T14:34:48.008Z Has data issue: false hasContentIssue false

The political constitution of emergency powers: a comment

Published online by Cambridge University Press:  07 March 2008

Keith Ewing*
Affiliation:
School of Law, King’s CollegeLondon

Extract

The United Kingdom had the experience of at least five different kinds of emergency throughout the twentieth century. The first and most serious is war, though not all wars (including the wars in Iraq and Afghanistan) create or created national emergencies. Nevertheless, the world wars of 1914–1918 and 1939–1945 almost certainly did, especially in the latter case with its risk – albeit short-lived – of invasion by a foreign power. The other causes of emergency were: second, the long-term internal conflict in Northern Ireland in what seemed like a separatist armed struggle, with one community pitted against another, and against the State (1969–2007); third, short-term but large-scale industrial action, which in at least one case (1926) was thought to border on the subversive; while the fourth has been an array of natural disasters, sometimes caused by adverse weather conditions, and sometimes caused by disease; finally, and most recently, there is the threat posed by international terrorism in the wake of 9/11 and our experiences in London in July 2005. Although emergency situations can thus arise for a host of reasons, it might be argued that the foregoing list is far from complete, with a sixth category of emergency being the various economic and fiscal crises that have engulfed the country from time to time, notably in 1931, when emergency powers were taken, and again after the end of World War II, when the country was financially exhausted by the demands of conflict.

Type
Research Article
Copyright
Copyright © Cambridge University Press 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bradley, A. W. and Ewing, K. D. (2003) Constitutional and Administrative Law. Harlow: Pearson Education Limited.Google Scholar
Cowley, P. (2002) Revolts and Rebellions: Parliamentary Voting Under Blair, London: Politicós.Google Scholar
Ewing, K. D. (1996) ‘Human Rights, Social Democracy and Constitutional Reform’ in Gearty, C. A. and Tomkins, A. (eds), Understanding Human Rights. London: Mansell.Google Scholar
Ewing, K. D. (2005) ‘The Futility of the Human Rights Act – A Long FootnoteBracton Law Journal 37: 41.Google Scholar
Ewing, K. D. and Gearty, C. A. (2000) The Struggle for Civil Liberties. Oxford: Oxford University Press.Google Scholar
Hiebert, J. L. (2005) ‘Parliamentary Review of Terrorism Measures’, Modern Law Review 68(4): 676–80.CrossRefGoogle Scholar
Miliband, R. (1982) Capitalist Democracy in Britain. Oxford: Oxford University Press.Google Scholar
Morris, G. S. (1986) Strikes in Essential Services. London: Mansell.Google Scholar
Tomkins, A. (2005) ‘Readings of A v. Secretary of State for the Home Department’, Public Law 259.Google Scholar
Tushnet, M. (2007) ‘The Political Constitution of Emergency Powers: Parliamentary and Separation-of-Powers Regulation. International Journal of Law in Context 3(4): 255–88.Google Scholar
Williams, D. G. T. (1965) Not In The Public Interest, London: Hutchison.Google Scholar
Zander, M. (2001) ‘The Anti-Terrorism Bill – What Happened?New Law Journal 151: 1880.Google Scholar