The State of Emergency and the Restriction of Basic Rights in Iraqi Legislation: A Comparative Study with Algerian Legislation

The origin of the state is to live in a state of stability, and as an exception to this principle, the state may at times be exposed to grave dangers that threaten the security and stability of society, and then the state becomes in exceptional circumstances (state of emergency), and then the legal rules that were in force in normal circumstances are unable to Confronting these circumstances, and it becomes necessary to confront exceptional circumstances with exceptional rules that give the administrative authority powers and privileges that exceed its powers and privileges in normal circumstances in order to restore security and stability to the country. The problem of research in the powers of the administrative authority in the event of emergency in Iraq. As well as the extent to which they respect basic rights. And the problem of declaring a state of emergency and the competent authority to declare it. Oversight of administrative authority in case of emergency. In the study, we relied on following both the descriptive analytical method and the comparative method in describing and analyzing research topics from its various aspects. We concluded our research with several results and proposals, the most important of which is that the state of emergency system is an exceptional, temporary legal system, regulated constitutionally or by special laws, and legal jurisprudence differed about the nature and some of them considered that the decision to declare a sovereign act and others were considered subject to judicial oversight. As for the Algerian legislator, he released the authority of the President of the Republic to declare a state of emergency and exclude the role of the people’s representatives. As for the proposals, we suggest that the Iraqi legislator amend item (Second) of Article (9) by providing for compensation for damages that may result from illegal decisions and actions taken under a state of emergency. It is also necessary for constitutions to include the reasons for declaring a state of emergency, and not to leave the issue of expressing these reasons to the emergency law when announcing them.