Journal of Legal Research

Journal of Legal Research

Analyzing the state of emergency from the perspective of public law: From recognizing constitutional law components to the principles of administrative law governing it

Articles in Press

Document Type : Original Article

Authors
Saeed Heidari Turkmani 1
Mohammad Javad Rezaei Zadeh 2
1 PhD student in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2 Associate Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
10.48300/jlr.2024.453506.2629
Abstract
The legal system of the state of emergency involves creating a balance between
the powers of the government and the restrictions on the rights and freedoms of citizens during the state of emergency. Based on the goal of limiting the authority of the government and its controllability, the main issue of this research is the use of some components in order to identify the state of emergency at the time of declaration and in the second step, extracting some principles as the legal requirements of the government at the time of applying the state of emergency. By using the method of analytical research and library study, if we want to identify the basic components, the concept of "political security" as one of the elements of public order is important, in such a way that if the structure of the government and the continued life of the government are threatened, "threat against organized life" occurs. The reasonableness of the administration's decision in declaring the state of emergency and the decisions of the emergency period, the continuous provision of public services and the realization of means by the government, the observance of the principle of non-discrimination, along with the guarantee of discrimination are to be complied. The benefit of vulnerable groups is one of the other principles of administrative law, the observance of which limits the authority of the government and supervises the application of restrictions on citizens during the emergency period.
Keywords
"state of emergency"
"constitutional law"
"administrative law"
Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 23 June 2024