General manager of the Catholic Commission for Social Justice (CCSJ)
The prophet Micah reminds us of what the Lord requires of His people: “to act justly, to love mercy, and to walk humbly with your God” (Micah 6:8).
Justice, therefore, is not merely a legal concept or the responsibility of judges and governments. It is a moral virtue rooted in the very character of God. Throughout Scripture, justice protects the vulnerable, upholds what is right, preserves peace, and ensures that authority is exercised with integrity. It is concerned with right relationships: between God and humanity, between neighbour and neighbour, and between those who govern and those they are called to serve.
From this perspective, Christians should reflect on the current State of Emergency (SoE) and the constitutional questions it has raised.
Every society longs for justice. We want to walk our streets without fear. We want our children to grow up safely. We want those who commit crimes to be held accountable, and those who uphold the law to have the tools to protect the innocent. Yet we also want to know that our freedoms will not be unjustly taken away.
During a SoE, these two desires, security and liberty, can seem to pull in opposite directions. The challenge for any democratic society is to ensure that justice embraces both.
For some citizens, the current SoE has brought a greater sense of security. The exercise of expanded law-enforcement powers has reassured many. Catholic Social Teaching (CST) recognises that the State has a legitimate responsibility to protect the common good. As St Paul teaches, public authority exists to promote what is good and restrain what is evil (Rom 13:1–4). Governments are therefore obliged to safeguard life, maintain public order, and defend society against serious threats.
At the same time, the Church reminds us that justice is never measured solely by the effectiveness of State power.
Every human person is created in the image and likeness of God and possesses an inherent dignity that no circumstance can erase. Even during extraordinary times, public authority must remain rooted in respect for that dignity. Justice therefore requires not only effective action against crime but also fidelity to the rule of law, fairness, and respect for fundamental rights.
A SoE exists precisely because the circumstances are extraordinary. The Constitution permits one to be declared when exceptional threats endanger the nation, allowing emergency legislation to grant the Government powers that would not ordinarily exist. These include preventive detention, expanded search powers, and restrictions on movement or public assembly. Such measures are intended to prevent serious harm before it occurs rather than merely respond after the fact.
While most citizens will never experience preventive detention, everyone lives under a legal framework in which certain freedoms may be temporarily restricted in the interests of public safety. This naturally raises an important question: do constitutional rights disappear during a SoE?
The answer is no. Although some rights may be lawfully limited, the Constitution continues to govern the exercise of public authority. The courts remain open, legal representation remains available, and the legality of executive action may still be challenged. Emergency powers are therefore not intended to place the Government above the law but to enable it to respond to exceptional circumstances within the law itself.
These questions have come into sharper focus through the recent constitutional proceedings arising from the detention of businessman Dominic Hadeed, his wife, and a relative under the Emergency Powers Regulations.
Public attention has understandably centred on the individuals involved. Yet the greater significance of the case lies elsewhere. The courts are being asked to clarify the constitutional limits of emergency powers and the safeguards that remain available to every citizen. Whatever the outcome, those principles will affect all citizens.
Some have suggested that this matter has attracted national attention because those detained have the financial resources to pursue constitutional litigation. Whether or not that perception is justified, it points to a deeper concern.
Constitutional rights must apply to all people, not only to those who can afford to defend them. The rule of law demands that the same legal protections apply to every citizen. Equality before the law is not merely a constitutional principle; it is a moral imperative.
Here, the Church’s preferential option for the poor offers an important perspective. It does not suggest that some people deserve more rights than others. Rather, it reminds us that the justice of any society is measured by how well it protects those with the least power and the fewest resources.
Constitutional safeguards are often most important for those who cannot easily obtain legal representation or attract public attention. A society committed to justice therefore seeks to ensure that rights are real and accessible to everyone, not merely to those with influence or means.
The present constitutional litigation also reminds us that the courts play an indispensable role in democratic life. Public law proceedings are not obstacles to public safety. Rather, they strengthen confidence in public institutions by ensuring that even extraordinary powers remain subject to the rule of law.
When courts clarify the limits of executive authority, they reinforce the principle that justice must always be exercised within the bounds of legality, fairness, and accountability.
The current SoE will eventually come to an end, but the constitutional principles clarified during this period may shape our democracy for many years to come. That is why these developments deserve the attention of every citizen, not because they involve prominent individuals, but because they concern the delicate balance between security, freedom, and justice.
The Scriptures consistently present justice and peace as companions rather than rivals (Psalm 85:10).
Genuine peace is never secured simply by the exercise of power, nor is authentic justice achieved by ignoring the need for public safety. Both flourish when authority is exercised with wisdom, restraint, and respect for the dignity bestowed by God upon every human person.
As Christians, let us support every legitimate effort to protect our communities from violence while remaining vigilant that the pursuit of security never loses sight of justice, compassion, and the rule of law. In doing so, we help to build not merely a safer nation, but a more just one that reflects the Kingdom of God, where justice and peace embrace for the good of all.
