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Article 131

State of Emergency

(1) A State of Emergency may be declared only if it is necessary to deal with a serious situation arising from war, invasion, insurrection, disorder, a natural disaster or some other grave public emergency.

(2) A State of Emergency may be declared affecting the whole or part of the country, but shall not be more extensive than necessary to deal with the situation.

(3) The President acting on the request of the Council of Ministers may declare a necessary State of Emergency, which shall then be debated, and may be approved, by both Houses of the Federal Parliament within 21 days after that declaration. The debates in the Federal Parliament shall take place in public unless it is no feasible to do so in the circumstances.

(4) The Federal Parliament may approve or extend a state of emergency for no more than three months at a time. If the Federal Parliament does not approve or extend a State of Emergency, the State of Emergency ceases to be in effect.

(5) The declaration of a State of Emergency may give the executive special powers that are necessary to deal with the situation only.

(6) The powers granted under a State of Emergency shall not include powers to violate the rights under this Constitution, unless that violation is absolutely necessary for the purposes of dealing with the emergency situation.

(7) The validity of a declaration of a State of Emergency, and the procedures involved in making the declaration, may be challenged in court.