The Constitutional Regulation of the State ofEemergency in the provisions of the Constitution of the Republic of Iraq for the year 2005 AD and the Applied Reality

Abstract

Any country in the world is exposed to a number of emergencies that constitute exceptional circumstances that may be natural, such as floods, earthquakes, and epidemics, or artificial, such as civil wars and internal conflicts, which threaten the security and sovereignty of the state, and which the state cannot confront in light of the powers it enjoys under normal conditions. The intervention of the ruling authority calls for taking measures commensurate with the size of the exceptional circumstance, taking into account the principle of legality, with the submission of all individuals in society, including the ruling authority, to the rule and rule of law, in order to preserve the safety and security of the state, being the highest rank.All the Iraqi constitutions that were promulgated before the year 2003 AD, starting with the Iraqi Basic Law of 1925 AD, which was repealed during the royal era, the canceled Constitution of 1958 AD, the canceled Constitution of 1963 AD, the canceled Constitution of 1964 AD, the canceled Constitution of 1968 AD, and the 1970 AD Constitution canceled during the Republican era, in addition to Defense Order of National Safety No. 1 of 2004 AD. Therefore, it made the executive authority alone the competent authority to declare a state of emergency without referring to Parliament, unlike the effective constitution of the Republic of Iraq for the year 2005 AD, which granted the legislative and executive authorities an important role in declaring a state of emergency. Through our study, we concluded that the applied reality of the state of emergency in Iraq was regulated according to the Defense of National Safety Order No. 1 of 2004 AD, which is currently in effect, despite the fact that the National Safety Law No. 4 of 1965 AD has not been canceled.The Constitution of the Republic of Iraq in force for the year 2005 AD regulated the declaration of a state of emergency in Iraq in its constitutional texts, but its provisions came in a different way from what was found and organized in Defense of National Safety Order No. 1 of 2004 AD in terms of the competent authority to declare a state of emergency and the duration of the state of emergency as well as the procedures for its extension And the powers of the Prime Minister and other matters, and the study came out with a number of important results and recommendations through which we hope to be taken by the competent and concerned authorities.