القيود الواردة على صلاحيات رئيس الجمهورية في إعلان الحالة الإستثنائية : دراسة في ضوء الدساتير المقارنة

الملخص EN

Although the application of the exceptional state aims to confront the danger threatening the constitutional institutions of the state, its independence and the integrity of its territory, however, but on the other hand it poses a great danger on the rights and freedoms of the citizen, but we note that the constitutor has not put in place a precise constitutional framework to control the resort to the exceptional state, whether in which concern the restriction of the authority of the Republic President in announcing this state, as well as establishing institutional control over the follow-up of the measures taken during their validity, and the extent to which they continue to work with.

As we note the existence of several deficienciers related to the objective and procedural conditions that the President of the Republic must adhere to in order to announce the exceptional state, in contrast with many comparative constitutions, which restricted the President of the Republic in announcing the exceptional state with strict conditions, especially with regard to institutional control over the announcement of this state, the measures taken during its validity, and regarding the continuity of its effectiveness, all that in order to preserve the rights and freedoms of the citizen constitutionally enshrine.