THE POSITION OF THE LAW AND THE JUDICIARY REGARDING THE STATE OF EXCEPTIONAL CIRCUMSTANCES AND EXCEPTION SYSTEMS - A COMPARATIVE STUDY BETWEEN FRENCH LAW AND IRAQI LAW
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Abstract
The research aims to study the exceptional legal systems that the state applies in the event that it is exposed to unusual circumstances to ensure the regularity of the public facilities that make up its institutions. Through a comparative study between Iraq and France. This research included three basic sections: The first section dealt with the concept and classification of exception systems. While the second section dealt with the legal basis for the state of exceptional circumstances and exception systems and the conditions for their application, the third section dealt with the position of the law and the judiciary on the state of exceptional circumstances and exception systems. This research reached a number of results, the most important of which was that the exceptional legal systems adopted to confront the abnormal circumstances to which the state is exposed are represented by the martial law and emergency laws, which, when applied, have consequences that affect the rights and freedoms regulated by the law. The research also came up with a number of proposals, the most important of which was the need for the national legislator to move away from the martial law system as much as possible and replace it with the emergency law to defend national safety, provided that the latter is temporary and ends with the end of the situation that necessitated its application, while activating various control systems to ensure the administration’s compliance with the provisions. Legitimacy, and also requires the enactment of a new law regulating exceptional regimes instead of the amended National Safety Law No. (4) of 1965 and the Defense of National Safety Order No. (1) of 2004 because they are not consistent with the Iraqi Constitution of 2005.
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