Published 2024-08-01
“…This study investigates the constitutional legitimacy of the measures enacted by Tthe
Iraqi government to prevent the COVID-19 spreading, which restricted the rights and freedoms enshrined in the
Iraqi Constitution 2005. even though the epidemic is a health emergency, the House of Representatives has not declared an emergency state, as the Cabinet resorted to taking preventive measurement to curb the crisis spreading, that restricted constitutional freedoms and rights even though the
Iraqi constitution explicitly states that the rights and freedoms cannot be restricted except by law or based on it, however, this restriction was governed by administrative orders issued by a committee establish by council of
ministers under Diwani Order 55 of 2020, headed by the
minister of health, which amended then to become headed by the
prime minister, for that purpose we have followed the analytical approach to assess the decisions taken by this committee through interpreting constitutional and legal texts and examining many of their restrictive resolutions imposed for demonstrating its legitimacy or illegitimacy and through this analysis we concluded that the majority of its decision on rights and freedoms under the pretext to preventspread of Covid-19 unconstitution even though the epidemi was serious it cannot be justified for violating democratic values.…”
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