CORONA PANDEMIC AND EMERGENCY CONDITIONS THEORY IN LIGHT OF THE 2005 CONSTITUTION | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 12, Volume 9, Issue المؤتمر الافتراضی الاول / الجزء الاول, February 2020, Pages 137-152 PDF (545.27 K) | ||
| Authors | ||
| Mazen M. Awad Al-Shammari; Hussein T. Mal Allah Al-Azzawi | ||
| Abstract | ||
| The Corona pandemic that the world is going through, including our dear country, has great economic, social and political implications, especially with regard to the aspect of restricting public rights and freedoms that citizens should enjoy. Therefore, state authorities should have followed the constitutional methods to confront this pandemic and cross the country to the shore of safety, Therefore, in our research we have dealt with the study of the theory of emergency conditions and how it is regulated by the Iraqi constitution of 2005 in force, as the declaration of a state of emergency is in turn linked to the emergence of a state of necessity or exceptional circumstances and the consequent redistribution of powers and powers stipulated in the constitution in favor of the executive authority, since The emergence of exceptional circumstances sometimes lead to disrupting the provisions of the constitution and increasing the powers of the executive authority, as well as placing restrictions on the rights and public freedoms stipulated in the constitution, and the order to defend national safety was initiated in a hurry from its order and joined a single case that Iraq went through and we have shown it above. Therefore, if a danger occurs due to something other than the state of violence, such as the spread of the Corona epidemic, the executive authority will be obliged to declare a state of emergency according to the law N National Safety No. (4) for the year 1965, especially since this law did not stipulate the National Safety Order No. (1) for the year 2004 to cancel it, which means that it is in place, and thus it is noticed that the National Safety Order No. (1) of 2004 is not the only emergency law. In Iraq, there is even another law with it, which is the National Safety Law No. (4) for the year 1965, and we also discussed the constitutionality of the decisions issued by the Council of Ministers regarding the formation of the Crisis Cell Committee and the Supreme Committee for National Health and Safety, as well as the constitutionality of the National Safety Law No. (4) For the year 1965 and the National Safety Defense Order No. (1) for the year 2004, and we found that it does not comply with the constitution, so we asked to challenge its constitutionality | ||
| Keywords | ||
| corona pandemic; emergency conditions theory; 2005 constitution; state of necessity | ||
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