التنظيم القانوني لحالة الطوارئ في العراق : دراسة مقارنة

Abstract EN

When the state exposes to the unusual circumstances whether internal or external that threatens its existence and integrity.

Then it subjects to the rules of the exceptional legitimacy represented by exceptional laws, including the law of the state of emergency as the normal legal rules fail to meet those conditions.

The state of emergency is an exceptional laws stipulated by the constitutions and laws resorted to as an exception to protect the national interests from the threats and ends with the end of those justifications.

This will impose restrictions on the fundamental rights and freedoms of individuals as well as violation of their rights because of the expansion powers of the administration in these circumstances The adoption of the comparative analytical method is more convenient to the nature this research between the constitutional and legislative regulations relating to the state of emergency regime in France, Egypt , Lebanon and Iraq.

The research divided into two section.

The first section dealt with the constitutional organization of the state of emergency in the countries of comparison and Iraq.

The second section has been allocated to the legislative regulation of the state of emergency in the countries of comparison and Iraq In this research , we obtained numbers of results.

The state of emergency was organized by the constitutional and legal provisions to reduce the negative effects on human rights.

However; the executive authority has exploited the legal texts that were not accurately organization and in the case of non- observance of the legislature to balance between the rights and freedoms of individuals and the powers that are given to the executive authority.

We concluded, also, that there is a conflict between the constitutional and the legislative texts , and this requires a new law to be compatible with the Iraqi constitution of 2005