Oversight of the administration’s legislative intervention in case of necessity

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Abstract

Abstract: There was a development in the function of the state and an expansion in its activity at the beginning of the twentieth century. The need arose to issue legislation quickly in order to deal with emergency situations to which the state was exposed. Accordingly, the executive authority granted part of the powers of the legislative authority to confront exceptional emergency circumstances. However, these powers were granted to the authority. The executive authority is not absolute, but rather is restricted by subjecting all its decisions to judicial oversight to ensure their proper application of this principle. Thus, the role of the constitutional judiciary and the administrative judiciary appears to work to balance between the authority of the administration when it uses its exceptional powers and the preservation of the rights and freedoms of individuals by activating laws that have the ability to Deterring the state’s exceptional authorities from violating the principle of exceptional legality.  

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Published

2025-09-23

How to Cite

Oversight of the administration’s legislative intervention in case of necessity. (2025). Kufa Journal of Legal and Political Sciences , 15(56). https://journal.uokufa.edu.iq/index.php/kjlps/article/view/21412

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