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The Constitutionality of Emergency Measures Between the Logic of Necessity and Safeguards Against Executive Abuse of Power | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 40, Volume 16, Issue: 3, September 2026, Pages 1155-1191 PDF (873.11 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.169213.1733 | ||
| Author | ||
| Jaber Awad Farhan* | ||
| National Universityof Science and Technology / Department of Diverse EquivalencyEquivalency | ||
| Abstract | ||
| This study discusses the legitimacy of emergency action concerning the logic of necessity, and the protection against executive deviation in terms of the constitution. It examines the constitutional foundation of the declaration of emergencies, limits and scope of exceptional powers, researching limitations on rights and freedoms, and focusing on parliamentary and judicial checks and balances. The conclusion of the study is that legitimacy of emergency measures relies not only on the presence of danger but on rigid constitutional requirements especially the competence, temporal and spatial limitation, necessity and proportionality and protecting the core of rights. It also insists on greater control and an extensive Iraqi emergency legislation This research adopts an analytical approach as its primary methodology, analyzing constitutional and legal texts governing emergencies, interpreting the general principles of legality, and discussing trends in constitutional and administrative jurisprudence related to necessity, proportionality, and oversight of exceptional decisions. The research also utilizes a comparative approach when necessary to enrich the analysis, clarify different models for controlling and overseeing emergencies, and deduce the general principles shared by various constitutional experiences. | ||
| Keywords | ||
| Emergency measures; necessity; executive power; rights and freedoms; constitutional review | ||
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