Martial law

Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues. Most often, martial law is declared in times of war or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coups d'état.

Overview

Despite the fact that it has been declared frequently throughout history, martial law is still often described as largely elusive as a legal entity. Across history, the phrase "martial law" has been used to refer to a "wide variety of actions, practices, or roles for the military", and thus lacked (and currently lacks) a concrete definition. References to martial law date back to 1628 England, when Sir Matthew Hale described martial law as, "no Law, but something indulged rather than allowed as a Law." Despite being centuries old, this quote remains true in many countries around the world today. Most often, the implementation of martial law arises from necessity rather than legal right, and while some countries have provisions explicitly permitting the use of martial law, many do not. For countries that do not explicitly permit the declaration of martial law, but where martial law has been declared, the legal justification for it is often the common law doctrine of necessity, or some variation of it.