تنظيم الحالات الاستثنائية في التعديل الدستوري 2020 : بين التقييد و الفعالية

Abstract EN

according to apply the Principe of legality the law basics must be abided by all public authorities in state, however sometimes the state pass through some exceptional circumstances, and for address this situation and achieve one of the legality Principe goals is that maintain state entity, for this the executive authority in its various branches, and the president of the republic in particular, are allowed to exercise exceptional and wide authority that enables it to override some of the normal legal rules, but on the other hand, whatever justification for the expanding the authority of the administration during exceptional circumstances, there remain guarantees and limits that prevent it from violating the rights and freedoms of individuals.

The most important of these are judicial and constitutional oversight, as well as parliamentary oversight that is exercised against the executive authority through good constitutional and legal regulation of exceptional cases.

In its latest amendment of 2020, the constitutional founder intendeds to strengthen and strengthen the of regulation of exceptional cases by placing a set of additional restriction on them, in order that they might achieve the desired effectiveness, therefore, this study focused on dealing with new constitutional amendment of the year 2020 related to the reorganization of exceptional cases in detail, accuracy and analysis, as well as comparing it with legislation that had previously regulated these cases according to standards commensurate with the principles of the law, thus showing the extent of their effectiveness.