Document Type : Original Article
Authors
1 Associate Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2 PhD Student in Public Law, Faculty Islamic Study and Law, Imam Sadiq University, Tehran, Iran
Abstract
With the creation of the Corona crisis (Covid-19), many of the legal systems of the countries regulated matters with necessity and urgency, and the system that was used to deal with this crisis - like other crises - State of Emergency, Which has characteristics such as: being exceptional, being necessary and granting ordinary extra-legal powers. Meanwhile, the experience of some countries in having a legal and partial structure in this field, including the position of creator and terminator of this exceptional system, the conditions of creation and the effects of measures taken during its establishment, can be for our country in this field. The law does not have a specific subject to be useful. In this case, due to the lived experience of Lebanon and Egypt, as well as differences in the type of emergency system, these two countries were selected for study. The present study, through a descriptive-analytical study using library resources, seeks to study the emergency situation caused by the Corona crisis in Lebanon and Egypt and to answer the question that the emergency situation caused by the corona What are the requirements in these countries (creating and terminating authorities, conditions and causes of creation, restrictions) and can the style of the countries in question be applied in the Iranian legal system? Finally, after an analytical study of the state of emergency in these countries - under the review of rules and regulations such as the "Civil Aviation Law" or the "Civil Defense Law" - the present study thus provides a solution to the state of emergency in the Iranian legal system. Due to the lack of legislation in this field - despite the existence of Article (79) of the Constitution of the Islamic Republic of Iran in this regard - such a structural necessity is felt.
Keywords
کتابنامه
https://www.aljazeera.net/news/humanrights/2020/5/12
https://www.files.ethz.ch/isn/14131/backgrounder_02_states_emergency.pd