ABSTRACT

In Britain today, no less than in previous centuries, wide-ranging powers exist to declare emergencies. This can potentially take place under legislation, common law, prerogative powers or the doctrine of martial law. Potentially authoritarian powers remain, both via and beyond the legislation – the Civil Contingencies Act 2004 – that was introduced to ostensibly cover the field of emergency preparations, declarations and powers. The Civil Contingencies Act has different definitions of emergencies in Part 1, which covers contingency planning and arrangements, and Part 2, which involves the powers and responsibilities invoked during emergencies. Despite the Civil Contingencies Act purporting to tie all emergency provisions together, other legislative frameworks provide for emergency powers. Over and beyond the Civil Contingencies Act, British government and military policy assumes that considerable powers exist to mobilise armed troops internally to deal with a variety of threats to 'public safety' or 'order'.