Investing the Idea of Exceptional Circumstances and their Applications in Iraqi Constitutions

Abstract

This research entitled " The idea of Exceptional Circumstances andTheir Applications in Iraqi Constitutions " isolates the state in which oneof the public power by passes its assigned jurisdictions granted to it bythe constitution by virtue of the occurrence of an exceptional state ofcondition that urges the Constitution to grant, the same power, widerauthority which it does not enjoy in ordinary circumstances, a thingwhich results in some consequences that affect society . Here it is theduty of the law to reconcile the requirements of keeping pubic order atall times and in all conditions to the act of maintaining public rights andfreedoms lest should squandered.Having suggested the broad outline of the organizing idea alreadymentioned, the researcher tried to state the most important applicationsof exceptional circumstances in the texts of Iraqi Constitutions in termsof the power enjoying exceptional jurisdiction, the extent of the successof other powers in guaranteeing that these judicial provisions are not tobe exploited for purely aims and also in terms of the workability of oncheckingthat obtains in some Iraqi Constitutions in this respect.Unfortunately the researcher has found out that the Iraqi Constitutionalsystem lacks a lot of regulations, a thing which makes of the idea ofexceptional circumstances a purely legal idea not liable to be practicedfor political aims, nor firmly establishing the footing of one power at theexpense of the remaining powers.Though the idea of the research has some sort of political dimension,yet as far as Iraqi Constitutions are concerned, things have gone to theextreme . The basic aim of this unsophisticated study is to try to enrichthe Iraqi Constitutional Library with the most important jurisdictions andtopics relevant to Iraqi Constitution and to have some insightful look atthe constitutional approach adopted by Iraqi Constitutions in the realmof Constitutional topics of ideas and with the purpose of enhancing theIraqi Constitutional experience and of participating in amending itswrong directions and solidifying its staid legal actions .