الاختصاص التشريعي لرئيس الدولة في حالة الطوارئ

Abstract EN

Through the subject of this researchers paper, it was shown that the legislative competence of the president of state in a state of emergency is an exceptional stage according to temporary laws that withdraw power from the legislative authority and assign them to confront a threat to the security of the state and its public order after the exhaustion and impotence of normal methods in the face of that danger however, when the legislator granted the executive authority these exceptional power, it does not mean leaving them without restrictions.

The justifications and reasons for imposing a state of emergency and its effects on the principle of legality have been clarified.

In addition, the executive authority exercises its constitutional function in the field of declaring a state of emergency by the legislative authority in exceptional areas with a difference in its application from one state to another.

Exceptional circumstances and in specific cases and for a specific period of time.

To clarify all this to basic features of declaring a state emergency and its effects on the principle and its effects on the principle of legality, as well as the legislative role of the state based on constitutional provisions.

Among the results that have been reached is that declaring a state of emergency does not lead to the establishment of the principle of legality, in the event that it has been organized in accordance with the constitution and disciplinary laws.