If Emergency Powers were truly necessary, there wouldn't ever be a rule about them.
Example: USA has fourth amendment clauses. If the USA was somehow invaded in a land war and occupied, soldiers would take cover from fire on private property, Amendment be damned. Because it would be patently obvious that it was necessary. No Emergency Powers needed. If they damaged something in the firefight, the owner would rightfully petition/sue to have it restored.
If Emergency Powers were truly necessary, there wouldn't ever be a rule about them.
Example: USA has fourth amendment clauses. If the USA was somehow invaded in a land war and occupied, soldiers would take cover from fire on private property, Amendment be damned. Because it would be patently obvious that it was necessary. No Emergency Powers needed. If they damaged something in the firefight, the owner would rightfully petition/sue to have it restored.