Applications of the theory of necessity in light of the Corona pandemic, according to Iraqi law

Abstract

There is no doubt that the Corona crisis, whose repercussions crossed the barriers of national borders, and touched in its legal effects all constitutional and legal systems around the world, undoubtedly constituted a "legal crisis" and a real and direct test of the adequacy of texts in finding a legal adaptation for them through established concepts and principles that have always The legal systems have been consolidated and guided by them decades ago, in confirmation of the saying “that human protection and service are the goal of any legislative text, and the focus of any decision, procedure or executive measure.” For all of this, we found it useful, even necessary, to try to search for sound answers to some The important questions that in their entirety reflect the most prominent aspects of this global crisis, which we hope will be immediate and not prolonged, as they touch the interests, rights and freedoms of most individuals and global societies.

     Among the most prominent of these questions, is an attempt to know the extent to which the theory of necessity works in light of the Corona pandemic and what enables the authorities in the state through it to decide special measures to confront this pandemic, which may pose a threat to the state’s institutions and stability, and the safety and health of its citizens, and thus moving from the scope of “ordinary legality” to “Exceptional legality” that allows taking more restrictive measures of rights and freedoms, in line with the nature of the dangerous emerging situation, and we also have to ask about the legal adaptation of this pandemic and the extent to which the terms dealt with in constitutions apply, and is the Corona pandemic an exceptional event or is it a force majeure.