الحجر الصحي استثناء على قاعدة عامة : دراسة مقارنة

Abstract EN

There is a general constitutional rule in the Iraqi and Jordanian laws, which is the general rights and freedoms of individuals, but this rule has a special exception.

This exception imposes a restriction on the rights and freedoms of individuals in movement and travel, etc...

This restriction which is a preventive procedure imposed by the public administration is called (quarantine), in order to limit the spread of epidemics and viruses, to protect the general community and public health, and to give priority to the interest of society over the interest of individuals.

The administration resorts to this exception in emergency circumstances and a force majeure occurring in the country, which is difficult to confront in the usual ways.

As mentioned by the legal rule (necessities allow prohibitions), and therefore the application of this preventive procedure in light of these exceptional emergency circumstances, must be regulated by the administration accurately and tightly, so as not to excessively prejudice the rights and freedoms of individuals