Suspension of fundamental freedoms during emergency allows State to override Article 19 restrictions while proclamation operates. During a Proclamation of Emergency for war or external aggression, Article 19's restrictions do not bar the State from enacting laws or taking executive action otherwise beyond its competence; such laws cease to operate once the Proclamation ends except for antecedent acts. If the Emergency covers only part of the territory, similar measures may be taken in other areas if threats originate from the Proclaimed area. Laws or executive actions must include a recital linking them to the Proclamation to fall within this suspension.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Suspension of fundamental freedoms during emergency allows State to override Article 19 restrictions while proclamation operates.
During a Proclamation of Emergency for war or external aggression, Article 19's restrictions do not bar the State from enacting laws or taking executive action otherwise beyond its competence; such laws cease to operate once the Proclamation ends except for antecedent acts. If the Emergency covers only part of the territory, similar measures may be taken in other areas if threats originate from the Proclaimed area. Laws or executive actions must include a recital linking them to the Proclamation to fall within this suspension.
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