Rights

How Rights Are Limited During Emergency and Wartime

A state of emergency or martial law may involve temporary limits, but their legal basis, scope and duration must follow the Constitution and special law. Each measure should be assessed against the specific regime and act.

General principle

A state of emergency or wartime allows the state to adopt additional security measures. But it does not mean that constitutional order disappears or that the authorities gain unlimited power.

What may be restricted

Depending on the situation, temporary restrictions may affect:

What conditions must still be met

Any emergency restriction must:

What still cannot be violated

Even in exceptional situations, certain fundamental guarantees must remain protected, especially:

Why this is important

Emergency regimes always create a risk of overreach. That is why the Constitution must continue to function as a limit even in extraordinary times.

What a citizen can do

If a restriction appears unlawful, excessive, or discriminatory, a person may:

Key facts