معوقات إعلان حالة الطوارئ في دستور العراق لسنة 2005

Abstract EN

We are discussing the obstacles to declaring a state of emergency under the Constitution of Iraq in 2005, in addition to the fact that we have failed to address the constitutional law of the state of emergency in terms of its causes and basis, especially that the constitutional jurisprudence and constitutional legislator in most constitutions had a position in terms of determining the reasons for declaring a state of emergency, As well as determining the type of state of emergency granted to one of the parties to the executive authority and often the head of state, which in turn has the authority to declare them to meet special conditions and conditions passing by the state, especially that the constitutions range from a state of emergency simple or ordinary and those called H In addition to the above, we have dealt with the obstacles of declaring a state of emergency.

We have divided these obstacles into two types: constitutional obstacles, which revolve around the constitutional wording of Article (61 / IX) and the complex mechanism, In addition to the above, the political obstacles have been addressed, which, in turn, relate to the nature of the composition of the parliament, a representative of the House of Representatives, in addition to the nature of its relationship with the executive authority, which was characterized by weak mutual trust, which reflected negatively on the declaration of a state of emergency,