Article 145: Limits on Rights During Emergencies

Chapter XIIIMedium

Constitution Text

“Upon the imposition of martial law or the declaration of a state of emergency, the rights and freedoms specified in Articles 22, 24, 25, 32, 35, and 36 of the Constitution may temporarily be limited.”

Summary

Once martial law or a state of emergency is declared, certain rights and freedoms may be temporarily limited. The article names exactly which ones: those set out in Articles 22, 24, 25, 32, 35 and 36 of the Constitution.

Key Points

•Rights may be limited only after martial law or a state of emergency is declared.
•Any limitation may only be temporary.
•Only the rights in Articles 22, 24, 25, 32, 35 and 36 may be limited: privacy, inviolability of the home, freedom of belief and information, freedom of movement, freedom of association and freedom of assembly.
•Other constitutional rights are not limited even under martial law or a state of emergency.

Practical Example

During the state of emergency in the border zone, freedom of movement and the right to hold assemblies were temporarily restricted, exactly the rights this article allows to be limited.

Exam Tips

Remember that rights are limited only temporarily and only under martial law or a state of emergency. You may be asked for the article numbers: 22, 24, 25, 32, 35, 36.

Art. 22 Art. 25 Art. 36 Art. 142 Art. 144

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