التنظيم القانوني لأنظمة الاستثناء : دراسة مقارنة

Abstract EN

The aim of this research is to study the exception legal systems applied by the government in case of unusual circumstances to secure the regularity of public utilities that make up its institutions.

This study is a comparative study between Iraq, France, Egypt and Lebanon.

This study includes three sections: The first section dealt with the concept and classification of exception systems.

While the second section concerns on legal basis for exceptional circumstances and exceptional systems and the conditions of applying them.

The third section has dealt with the state of the law and the judiciary of the exceptional circumstances and systems of exception.

This study has reached to a set of results, the most important ones were: the exceptional legal systems adopted by the government to face the unusual natural circumstances in the country focused on issuing martial and emergency laws.

Those laws will lead to consequences that affect the rights and freedoms regulated by law.

The study also achieved a number of suggestions.

The most important ones were: the need for the national legislature to be away from martial law as much as possible and replacing it with the emergency law to defend national safety.

This emergency law must be a temporary case and to be finished with the situation that necessitated the application.

Also, activating the various control systems to ensure management's commitment to the provisions of legitimacy.

It also issues a new law regulating the exception systems rather than the National Safety Law No.

(4) of 1965 as amended and the order of defense to the national safety No.

(1) of 2004 due to lack of harmony with the Iraqi Constitution of 2005.