The development from martial law to public emergency law

Abstract

The objective of this research is to analyse the development of Martial Law and how it developed into Public Emergency Law, through examining the roots of the former, by referring to British legal history. This paper starts out by examining the English concept of Martial Law by referring to the Petition of Right, followed by the Defence of the Realm Acts of 1914 and the Emergency Powers Act of 1920. Additionally, the concept of Martial Law is scrutinised in the context of Colonial states. Moreover, the point of attention is then shifted to the US concept of Martial law, whereby reference is made to the US Constitution while also relying on jurisprudence, to better understand how Martial Law was applied. Public Emergency Law is also delved into within the context of English and US laws. The author examines the Civil Contingencies Act of 2004, as the relevant English legislation, respectively US law is viewed in light of the US Constitution, in order to obtain a better understanding of how foreign law addresses the issue of emergencies. Moreover, a similar approach is adopted to Public Emergency Law under Maltese law, by examining the Maltese Constitution and the Emergency Powers Act. The last chapter of this study focuses on the relation of human rights in light of emergency measures, by discussing in detail Article 15 of the ECHR as well as case law to substantiate the argument. Lastly, the author attempts to clarify any ambiguity surrounding Martial Law, by examining in detail its roots and how it developed into Public Emergency Law.