Legal Regulation Of The Exception Systems ( Comparative Study ) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 6, Issue 3, September 2014, Pages 8-100 | ||
| Author | ||
| P.D.Ali Hadi Humaidi Al-Shakrawi andP.D.Ismaeel Saesae Al-Bedairi | ||
| Abstract | ||
| Summary The aim of this research is to study the exception legal systems applied by the government in case of unusual circumstances to secure the regularity of public utilities that make up its institutions. This study is a comparative study between Iraq, France, Egypt and Lebanon. This study includes three sections: The first section dealt with the concept and classification of exception systems. While the second section concerns on legal basis for exceptional circumstances and exceptional systems and the conditions of applying them. The third section has dealt with the state of the law and the judiciary of the exceptional circumstances and systems of exception. This study has reached to a set of results, the most important ones were: the exceptional legal systems adopted by the government to face the unusual natural circumstances in the country focused on issuing martial and emergency laws. Those laws will lead to consequences that affect the rights and freedoms regulated by law. | ||
| Keywords | ||
| Exceptional circumstances theory has emerged as one of the legal bases unjustified to impose a state of emergency and systems exception; by giving the administration the appropriate means to cope with cases where it is difficult to apply the principle of legality its context usual; which leads to a shift towards the application of the principle of exceptional legitimacy to prevent disability insurance principle of continuity of public utilities and the maintenance of public order | ||
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