مفهوم نظرية الظروف الاستثنائية

explores the concept of the theory of exceptional circumstances within the framework of constitutional law. It discusses the legal justifications for a state to take extraordinary measures in response to severe threats that endanger its existence or public order. The paper highlights the importance of judicial independence, the separation of powers, and the principle of legality in the context of exceptional circumstances, particularly as applied in the Iraqi Constitution. It examines the conditions under which these exceptional measures can be implemented, the implications for the principle of legality, and the need for legislative solutions to ensure that such powers are exercised within a democratic framework without infringing on human rights.