Definition of State of Siege
Miscellanea / / November 13, 2021
By Javier Navarro, in Jul. 2015
A nation can face diverse extreme and exceptional situations. To face them and try to solve them, it is necessary to take equally extreme and forceful measures. The state of siege is precisely the legal response to a serious situation: the uprising of a group, the invasion of a foreign army or a civil war in one's own territory. For this reason, it is considered to be equivalent to a state of war.
Each nation has its own legislation In this regard, which establishes the legal procedure to decree the state of siege, that is, who is empowered to make this resolution, under what specific circumstances and what are the necessary supports to do it. What rule In general, the one who has the authority to take this measure is the president of a nation and it must be ratified by a large majority of the representatives of national sovereignty.
Consequences of the state of siege
Once the state of siege has been decreed, the most common is that the population has a series of limitations on its freedoms, for example, to move from one place to another, to meet or to go outside freely during a certain time frame. These restrictions are intended not to increase possible disturbances and to guarantee the
safety of the population as a whole. For the restrictions to be effective, the legislative power it usually gives the army exceptional power to enforce order.It must be borne in mind that the state of siege is opposed to the freedoms of citizens. However, it is understood that this measure has the purpose of avoiding a greater evil and, when the exceptional situation is resolved, being able to return to normality and that the citizenship get your rights back.
Other atypical and exceptional situations
The legal provision of the state of siege is not the only resolution to combat any threat, since there are other legal figures with some similarity.
- The state of alarm is adopted in those cases in which a country suffers in some part of the territory a health crisis (for example, an epidemic), a natural disaster or some other disaster (contamination food, food shortages or serious communication problems).
- The state of exception is related to serious street disturbances that alter social peace and endanger the coexistence. It is an exceptional measure and is usually accompanied by a temporary restriction of some rights and freedoms, but it is not as serious as the state of siege.
- The curfew situation focuses on the prohibition of free movement on the streets of a locality or territory during certain hours over a period settled down. It is a measure that aims to prevent possible looting or violent situations in a situation of emergency.
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