The state of emergency and its impact on the principle of legality


  • Dr. Hashem Hussein Ali . Dr. Hashem Hussein Ali College of Law and Political Science, University of Kirkuk
  • Researcher Anwar Abed Awad . College of Law and Political Science, University of Kirkuk


Abstract: The jurisprudence did not agree on a unified definition of the state of emergency, but they agreed that the aim of declaring it is to confront the exceptional dangers that befall the state in order to protect it and maintain its security and safety, The state of emergency is an exceptional legal system that states resort to in the event that they are exposed to a danger that threatens their security and safety, and declaring a state of emergency does not mean the collapse of the principle of legality, but rather the principle expands to be more flexible, To meet exceptional circumstances, And it became clear through the study that there are restrictions on the principle of legality aimed at enabling governments to manage the country in an appropriate manner, as it became clear from our research that there are important guarantees aimed at preserving legality in an appropriate manner.








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__________________, Lisan Al Arab, 6th edition, Dar Sader Beirut, vol. 9, 1428 AH, p. 98.

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__________________, The Principle of Legality and the Controls of State Submission to Law, Cairo Modern Library, 1963.

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_ The Constitution of the French Republic of 1958.

_ The Constitution of the Hashemite K ingdom of Jordan for the year 1952.

_ National Safety Defense Order No. 1 of 2004.

Fifthly: Treaties

_ European Convention on Human Rights, 1950.

_ International Covenant on Civil and Political Rights in 1966.



How to Cite

., D. H. H. A., & ., R. A. A. A. (2024). The state of emergency and its impact on the principle of legality. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 8(1), 237–261. Retrieved from