A state of exception is the application of a device that is stipulated in the constitution of a country, which can be used by the head of state in case there is a situation of disorder or conflicts that disturb the internal order of that country. nation in order to be able to deal with it adequately. When a state of exception is established in an area of the country, the fundamental rights of the resident citizens of that area are automatically suspended partially or totally.
What is a state of exception
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As mentioned previously, a state of exception is nothing more than a defense mechanism that is contemplated in the legal framework of different countries. This is activated only and exclusively in cases of extreme emergency or in extraordinary situations, for example, natural disasters, epidemics or pandemics, wars, public disorders, etc. According to comparative law, there are 4 types of states of exception, these are the state of alarm, state of exception and economic emergency, state of siege and state of war or martial law. You can also talk about the state of health emergency and states of shock.
In the state of exception in the constitution, it is stipulated that every constitutionally elected state or government has the right to defend its constitutionality if it is being affected, in such a way that the state cannot defend it with the resources found within the framework. legal and that the only way to do it is by dictating a state of exception, in this way, the state authorizes its security forces to take control of the area where the conflict occurs and thus restore order and peace. inside of her.
Causes of the state of exception
The possible causes that originate the application of a state of exception can be of diverse nature, for example economic, social or political. In the concept of state of exception agamben (Giorgio Agamben's political theory) They explain that this state is caused by an extreme situation that generates danger in the nation. For example, in the event of a state of exception, the government of a certain nation will do everything possible to protect the safety of citizens and this can occur due to health emergencies and pandemics (as is occurring in the news on the issue of covid-19).
It is also possible that there is a state of exception in the category of alarm (military mechanism), its main causes of application are based on the restoration of normality to a nation. The government implements measures to keep citizens under control and this generally occurs in the face of health crises, natural disasters, public calamities, and the paralysis of basic citizen services. In the state of emergency, whose concept is relatively similar to the state of exception, the causes that lead to its application are crisis situations that merit the activation of special laws that can guarantee order in the nation.
Finally, the state of siege, which under serious circumstances and where the government deploys all the armed forces to end any disturbance that is taking place. Each of these situations has similarities and one purpose: to safeguard citizens against any adversity that arises, but, like any measure, it also has a series of consequences that limit the normal or basic activities of citizens.
Consequences of the state of exception
The state of exception in any of its categories implies the suspension of one or more fundamental rights for citizens. When the president of a nation makes the decree of a state of exception, he establishes the measures to be followed, the date on which that state will come into force and the time in which it will be under that defense mechanism. Generally, all constitutional guarantees are suspended, leaving the affected country under a curfew in the hours dictated by the highest president.
Another consequence that is dictated in a decree of state of emergency, apart from the suspension of constitutional guarantees, is the prohibition of going out to the street at any time, generally dictated in states of health emergency for quarantine reasons. During this quarantine, no person can leave their homes except for strictly necessary exceptions (that is, they cannot work or study unless it is from home) and, the most common, the suspension of certain basic services (which may be water, electricity, assortment of gasoline for cars, etc).
States of exception in the world
Throughout history, some countries in the world have gone through different political and economic situations, this made them apply the states of exception. Most were applied in Latin America, but this does not mean that it was not carried out in Europe. In this section, some of the countries in which states of exception can be applied will be mentioned.
Argentina
The Argentine constitution, in its articles 23 and 99, establishes the application of a state of exception: the state of siege. It was accepted by the legislators in order to guarantee the security of the citizens, as well as public order and peace in the interior of the country. The only competent entity to declare this state of exception is the national executive.
Chile
The Magna Carta establishes 4 types of Chilean constitutional state of exception in articles 39 and 40, these are the state of emergency, siege, assembly and catastrophe, which can only be applied in case of war situations. external, internal or internal commotion, disturbance of public order and public calamity. In the constitutional state of emergency of catastrophe, the citizens of a certain area are protected due to natural disasters (for example, earthquakes, which are very common in this territory).
Colombia
The state of exception in the Colombian constitution, only the legality of a state of exception is appreciated: the state of foreign war. This is reflected in article 212. In this state, the senate and the national executive have the power to apply it in order to repel and stop aggressions and defend the sovereignty of the territory, in this way, they take special measures so that everything returns to normal in the shortest possible time..
Ecuador
The state of exception Ecuador is supported by articles 28 to 31 of its constitution, which define what the state of exception is, who is the entity responsible for applying it (in this case, the national executive, specifically the president of the country in question), the requirements to apply it and the relevant notifications.
Spain
Article 116, together with Article 13 of Organic Law 4/1981, stipulates and establishes the application of states of exception, that of alarm and that of siege. Congress must authorize both the states and the actions that the government must take. If it refuses, the government cannot enforce it. If authorization is given, the government, among the many applicable measures, can detain anyone to preserve the order of the nation, order home inspections, and tap communications.
Mexico
In this territory the state of exception also applies , supported by article 29 of its constitution. This is announced and applied by the national executive, who can cease the guarantees and constitutional rights of citizens in order to safeguard the security of their patriots.
Peru
The only state of exception allowed in Peru is a state of siege due to different emergencies. Only the president of the republic can apply that state and its measures. The duration of the state of siege is 45 days, which may be extended according to the seriousness of the matter.
Venezuela
The state of exception Venezuela is supported by article 337 of the constitution, under circumstances of social, economic, political, natural or ecological order that may seriously affect the security of the territory. These measures are applicable throughout the territory and will be announced only by the national executive through the national chain and, subsequently, in the official gazette. One of the most common measures in these cases is the restriction of constitutional guarantees.
Examples of states of exception
The best examples of this issue that can be brought to light are the security measures that most countries in the world have taken in the face of the Covid-19 pandemic. Countries such as China, Spain, Italy, Venezuela, Mexico, Peru, Argentina and many more have applied the state of exception in its different categories to face the situation. Applying from quarantines to curfews to ensure that healthy citizens do not leave their homes and become infected and that those infected remain in safe and trained places for medical care.
