حالة الطوارئ بموجب امر الدفاع عن السلامه الوطنيه رقم (1) لسنة 2004 والرقابه القضائيه عليها

The executive branch is doing its job in the area of constitutional administrative discipline, they adhere to the principle of legality, which means respect for legal norms to their higher rank. They can not harm the rights and freedoms of individuals only within the limits of this principle. However, the commitment of the executive branch rules of law when this function may be possible in normal circumstances, but what if further work conditions make this authority is unable to do its job if committed normal legal rules? We have alerted the constitutional legislator in most countries this matter to the text of the legislation by the legislature laws grant the executive branch broader powers in exceptional cases where the work of the executive power projects despite being otherwise in normal circumstances. Among the most prominent legislation special emergency laws and martial law. Some countries distinguish between the emergency laws and the laws of martial law on the grounds that the conditions governing the second most dangerous than the first. Iraq had until from those countries in 1965 were then unify these two laws in one law regulates Masmi state of emergency. , Which included all the systems of emergency law and martial law has called this law the National Safety Law No. (4) For in 1965. The granting broader powers in exceptional circumstances of the executive power (which also called when you actively administrative authority or administrative management) is a danger to the rights and freedoms of individuals. If the expansion of management authorities is necessary to maintain public order in certain circumstances, but that expansion should be strictly regulated so as to leave room for the Department of prejudice to the rights and freedoms of individuals not be there when needed. Whatever the laws governing the state of emergency in the accuracy of this organization is to be a dead letter if there were not effective judicial supervision of the Department's work in a state of emergency. We have been in Iraq on 3 / 7 / 2004 law regulating the state of emergency was called (a defence of national integrity) No. (1) to in 2004 and know the content of this law and therefore the analysis of pros and cons were discussed, which included the Study of the first dealing with them organize a state of emergency in Iraq By Order of the National Safety Defense No. (1) to in 2004. The second deals with judicial control over the state of emergency by order of the defence of national integrity. Finally Sealing research conclusions reached and suggestions on this subject.