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Why do governments call a state of emergency? On the determinants of using emergency constitutions

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  • Bjørnskov, Christian
  • Voigt, Stefan

Abstract

States of emergency do not only imply a significant change in the balance of powers between the three branches of government, they are also very frequently declared: between 1985 and 2014, at least 137 countries were subject to at least one such event. This contribution is the first to systematically inquire into the factors determining such declarations. We find that constitutions matter and that descriptive statistics indicate that countries without constitutionalized emergency provisions declare states of emergency significantly more often than countries with such provisions. Further analysis shows that it is crucial to distinguish between states of emergency declared as a consequence of a natural disaster from those declared as a consequence of political turmoil. Distinguishing between the costs of declaring an emergency and its benefits, we find that the less costly it is to declare an emergency, the more emergencies will be called on the grounds of natural disasters but not on the grounds of political turmoil. This is, hence, more evidence that constitutions matter. Finally, emergencies based on political turmoil are more likely to be declared if an economic crisis is hitting the country, large natural disasters are more likely to lead to an SOE when more powers are allocated to the legislature, and results suggest that even military coup governments are subject to constitutional constraints.

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  • Bjørnskov, Christian & Voigt, Stefan, 2018. "Why do governments call a state of emergency? On the determinants of using emergency constitutions," European Journal of Political Economy, Elsevier, vol. 54(C), pages 110-123.
  • Handle: RePEc:eee:poleco:v:54:y:2018:i:c:p:110-123
    DOI: 10.1016/j.ejpoleco.2018.01.002
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    Cited by:

    1. Andrea Sáenz de Viteri Vázquez & Christian Bjørnskov, 2020. "Constitutional power concentration and corruption: evidence from Latin America and the Caribbean," Constitutional Political Economy, Springer, vol. 31(4), pages 509-536, December.
    2. Christian Bjørnskov & Stefan Voigt, 2022. "Terrorism and emergency constitutions in the Muslim world," Journal of Peace Research, Peace Research Institute Oslo, vol. 59(3), pages 305-318, May.
    3. Christian Bjørnskov & Stefan Voigt, 2022. "This time is different?—on the use of emergency measures during the corona pandemic," European Journal of Law and Economics, Springer, vol. 54(1), pages 63-81, August.
    4. Anna Lewczuk, 2021. "Are civil liberties contagious? Analysis of determinants of de facto civil rights protection in post-socialist countries," Constitutional Political Economy, Springer, vol. 32(2), pages 187-217, June.
    5. Ostrihoň, Filip, 2022. "Exploring macroeconomic imbalances through EU Alert Mechanism Reports," European Journal of Political Economy, Elsevier, vol. 75(C).
    6. Christian Bjørnskov & Stefan Voigt & Mahdi Khesali, 2022. "Unconstitutional States of Emergency," The Journal of Legal Studies, University of Chicago Press, vol. 51(2), pages 455-481.
    7. Christian Bjørnskov, 2020. "Why do military dictatorships become presidential democracies? Mapping the democratic interests of autocratic regimes," Public Choice, Springer, vol. 185(1), pages 21-43, October.
    8. Jerg Gutmann & Stefan Voigt, 2023. "Militant constitutionalism: a promising concept to make constitutional backsliding less likely?," Public Choice, Springer, vol. 195(3), pages 377-404, June.
    9. Egger, Clara & Magni-Berton, Raul & Roché, Sébastian & Aarts, Kees, 2020. "I do it my way. Understanding policy variation in pandemic response across Europe," OSF Preprints mscb8, Center for Open Science.

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    More about this item

    Keywords

    State of emergency; Emergency constitutions; Natural disasters; Power-maximizing politicians;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • Z13 - Other Special Topics - - Cultural Economics - - - Economic Sociology; Economic Anthropology; Language; Social and Economic Stratification

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