إشكاليات السلطة المختصة بإعلان حالة الطوارئ في العراق : (دراسة مقارنة)‎

الملخص EN

The executive authority is exercising it's constitutional function in declaring a state of emergency by expanding these powers by legislative authority in exceptional cases, with a difference in application from one country to another, therefor, in most countries, the constitutional legislator established the competent authority to declare a state of emergency, which are retorted to when exceptional circumstances are met in specific situation for a certain period of time for France, Egypt, and Iraq.

In order to prevent the arbitrariness of the executive authority during the application of emergency procedures and to restrict them when one of the reasons for declaring a state of emergency are accrued.

When the security and public order are threatened, the state of emergency is declare, whether because of a war, a situation threating to occur, internal disturbances or natural disasters.

We have reached through this study to enact a law related to the regulation of the state of emergency in Iraq which is consistent with the current Iraqi constitution and determine the competent authority to declare the state of emergency and to mention the reasons for the declaration more accurately and comprehensively, taking advantage of the experiences of constitutions and laws in force in the comparative countries in each of France and Egypt.

In order to deal with the issues of the competent authority to declare the state of emergency in Iraq (a comparative study), we decided to divide the research into two sections.

The first topic, deals with the concept of the state of emergency and kinds of the state of emergency.

And the second topic is about indicating the legal organization of the competent authority to declare the state of emergency.