Lably
Skip to content

Martial law

Imposition of direct military control or suspension of civil law by a government

  • 33 min read
  • 3 chapters
T-55A on the streets of Zbąszyń during Martial law in Poland.
Jacek Żołnierkiewicz · Public domain

Related on Lably

Through Natural disaster, State of emergency and World War II

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.

Common law doctrine of necessity

One legal theory most frequently associated with martial law is the common law doctrine of necessity. While many countries – for example, the United States – do not have the explicit constitutional right to declare martial law, scholars often interpret the law of the United States to allow for the implementation of martial law in times of necessity. Countries such as Pakistan have implemented this rationale as well.

Sign in to keep reading

2 more chapters are free with a Lably account.

More in Politics and economics