The state of emergency and its impact on the principle of legality
Abstract
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.
© 2023 TUJR, College of Law, Tikrit University
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