التكييف القانوني لسلطات الإدارة في الظروف الاستثنائية : انتشار الأوبئة أنموذجا

Other Title(s)

Legal adaptation of management authorities in exceptional circumstances : epidemics spread as a model

Author

ضياء عباس علي

Source

مجلة كلية القانون للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kirkuk College of Law and Political Sciences

Publication Date

2020-02-28

Country of Publication

Iraq

No. of Pages

14

Main Subjects

Law

Topics

• Public order
• Administrative authority

English Abstract

It is no secret to anyone that the administrative authorities in the state take charge of putting the legal rules into practice, and derive their powers and powers from the constitution, laws and regulations, so they exercise their duties in accordance with what was decreed and within the framework of the principle of legitimacy, but sometimes the state may be exposed to an exceptional risk or circumstance that requires implementation With special procedures to ward off this danger, the constitution often organizes how to deal with unusual and exceptional circumstances such as allowing suspension of work or non-compliance with some constitutional and legal texts during the period of the exceptional circumstance and working according to a special legitimacy that differs from that followed in the higher circumstances Leading.

Granting the administrative authority the right to enjoy exceptional powers during extraordinary circumstances does not mean freeing its hand and not being held accountable for the material and legal actions issued by it, it remains subject to censorship, either during the exceptional circumstance or even after its demise if any breach of rights and freedoms or any unjustified abuse is required.

Because the aim of granting these powers to the administrative authority is to achieve public interests and to protect and maintain public order, it must adapt its actions in light of this, So we decided in this research to study the legal adaptation of the authorities of the administration in exceptional circumstances, especially in the event that the state is exposed to a pandemic that threatens the health of citizens and constitutes a threat to the life of society, by dividing the study into two topics, the first topic dealt with an explanation of what the exceptional circumstances are, and the second topic dealt with the authorities of the administration In exceptional circumstances and legal adaptation.

We have reached, through the research, a set of conclusions regarding the degree mainly of the reality of Iraq and the procedures followed by the competent authorities in dealing with exceptional circumstances and ways to prevent them, as we have made some proposals that we believe would contribute to strengthening this important and sensitive aspect that is directly related to the sovereignty The state, the rights and freedoms of individuals.

Data Type

Conference Papers

Record ID

BIM-1267094

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