Superphysics Superphysics
Chapter 2

States of Exception

3 minutes  • 433 words

Article 337

The President, at a meeting of the Cabinet of Ministers, can decree states of exception. These are social, economic, political, natural or ecological circumstances which seriously affect the nation’s security, institutions and citizens, in the face of which the powers available to cope with such events are insufficient.

In such case, the guarantees contained in this Constitution may be temporarily restricted, with the exception of those relating to the right to life, prohibition of incommunicative detention or torture, the right to due process, the right to information and other intangible human rights.

Article 338

A state of alarm may be declared when catastrophes, public calamities or other similar events occur, seriously endangering the security of the Nation or its citizens. Such state of exception shall last for up to 30 days, and may be extended for an additional 30 days.

A state of economic emergency may be declared when extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation. The duration of this state of emergency shall be 60 days, with the possibility of extension for the same period.

A state of internal or external commotion may be declared in the event of an internal or external conflict seriously endangering the security of the Nation, its citizens or its institutions. Such state of commotion shall last for up to 90 days, and may be extended for an additional 90 days.

The National Assembly has the responsibility of the approval for the extension of the states of exemption. An organic law shall regulate states of exception and determine the measures that may be adopted based on them. International human rights treaties

Article 339

The Decree declaring a state of exception, which shall provide for regulating the right whose guarantee is restricted, shall be submitted within eight days of promulgation for consideration and approval by the National Assembly, or Delegated Committee and for a ruling by the Constitutional Division of the Supreme Tribunal or Justice on its constitutionality.

The Decree must be in compliance with the requirements, principles and guarantees established in the International Pact on Civil and Political flights and the American Convention on Human Rights.

The President of the Republic shall have the power to request its extension for a similar period, and the Decree shall be revoked by the National Executive or by the National Assembly or the latter’s Delegated Committee prior to the indicated date of expiration upon cessation of the conditions which produced them.

The declaration of a state of exception does not interrupt the functioning of the organs of the Public Power.

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