The Role of Interest in Regulating Constitutional Oversight of Legislation: An Analytical Approach between Iraq and Iran

Abstract

This research explores the legal framework and exceptional circumstances that justify the suspension of certain constitutional provisions, focusing on emergencies, security crises, and severe economic disruptions. It also examines the legal safeguards that must govern such suspensions, including time limitations and the necessity of independent judicial oversight, to prevent exceptional measures from becoming permanent tools that undermine constitutional integrity. The study aims to strike a balance between protecting public interest and preserving constitutional principles during critical situations. The research relies on the legal analytical approach, examining constitutional and legislative texts related to the suspension of constitutional provisions in emergency situations. It also uses a comparative approach to analyze various legal experiences in dealing with crises, with a focus on time constraints and judicial oversight. It also relies on an inductive approach to draw conclusions from practical applications, with the aim of providing recommendations that contribute to strengthening the protection of the constitutional system under exceptional circumstances.

This research demonstrates that suspending certain constitutional provisions under exceptional circumstances, such as states of emergency and security and economic crises, may be a necessity dictated by the public interest. However, it simultaneously presents a legal and constitutional challenge requiring careful regulation. The absence of rigorous controls could lead to abuses that undermine the very essence of the constitutional order and open the door for the executive branch to expand its powers unjustifiably. Therefore, establishing a clear and specific legal framework for suspending constitutional provisions, while ensuring independent judicial oversight, is essential to maintaining a balance between protecting the state and respecting constitutional rights.