إعلان حالة الطوارئ في الدساتير المصرية

Abstract EN

Public authorities are governed by the rule of the state just like individuals.

The aim of the principle of legality is to achieve a balance between individuals' rights and freedoms and the powers enjoyed by public authorities.

Although public authorities must respect the rules of legality in all their actions, the applicability of these rules must be taken into account in the event that deliveries are exposed to exceptional emergency circumstances such as wars, pandemics, and natural disasters, this endangers the life of the country and its people.

In such cases, exceptional rules must be applied that allow the state of affairs to take some actions without fully complying with the rules of law that are applicable in normal circumstances.

However, a state of emergency does not permit the state to completely derogate from the principle of legality under such emergency circumstances.

This topic has been examined in the following points: the concept of a state of emergency.

The position of Egyptian constitutions on declaring a state of emergency.

Declaration of emergency in royal constitutions.

Declaration of emergency in republican constitutions.

After examination, there are a number of recommendations including: