Question:

Why can martial law be declared?

Answer:

Martial law is imposed when the civil authorities cannot maintain law and order, as in a time of war or emergency. AnswerParty!

More Info:

Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis.

Martial law is usually imposed on a temporary basis when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, or provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread. Fundamentally it is a requirement put on civilian government when they fail to function correctly.

National security is the requirement to maintain the survival of the state through the use of economic power, diplomacy, power projection and political power. The concept developed mostly in the United States after World War II. Initially focusing on military might, it now encompasses a broad range of facets, all of which impinge on the non military or economic security of the nation and the values espoused by the national society. Accordingly, in order to possess national security, a nation needs to possess economic security, energy security, environmental security, etc. Security threats involve not only conventional foes such as other nation-states but also non-state actors such as violent non-state actors, narcotic cartels, multinational corporations and non-governmental organisations; some authorities include natural disasters and events causing severe environmental damage in this category.

Measures taken to ensure national security include:

Government

A state of emergency is a governmental declaration which usually suspends a few normal functions of executive, legislative and judicial powers, alerts citizens to change their normal behaviors, or orders government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if those rights and freedoms are guaranteed under the constitution. A government would normally declare a state of emergency during a time of natural or man-made disaster, during a period of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.

In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked]citation needed[. Some rights and freedoms may be suspended during a state of emergency, for instance, a government might detain a citizen and hold them without a trial; However, non-derogable rights cannot be suspended. In many countries it is illegal to modify the emergency law or the constitution during the emergency.

Martial law in the Philippines (Tagalog: Batas Militar sa Pilipinas; Spanish: ley marcial en Filipinas) refers to several intermittent periods in Philippine history wherein the Philippine head of state (such as the President) proclaims that an area is placed under the control of the Armed Forces of the Philippines. Martial law is declared either when there is near-violent civil unrest or in cases of major natural disasters, however most countries use a different legal construct like "state of emergency".

Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunals (court-martial).

Law

Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis.

Martial law is usually imposed on a temporary basis when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, or provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread. Fundamentally it is a requirement put on civilian government when they fail to function correctly.

Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.

Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. The latter condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced.

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