Abstract
THE IMPACT OF THE HEALTH EMERGENCY ON PUBLIC RIGHTS AND FREEDOMS IN LIGHT OF OUTBREAK OF THE CORONA VIRUS PANDEMIC -COMPARATIVE STUDY-
One of the most important foundation of the rule of the law is the submission of both rulers and the rule of law, this principle is termed the principle of legality, which is considered at the present time the most important guarantees of public rights and freedoms guaranteed by democratic constitutions.
The state my need to depart from this principle when an exceptional hanger threatens the country’s security, safety and interest, and threatens the safety of citizen and their money.
when the country is attacked the sources of exceptional emergency risk vary between wars, internal unrest, natural disasters, diseases and epidemics which is impossible confront with power and capabilities of the state under normal circumstances, and therefore it need exceptional powers to face these circumstances, these measures and procedures are certain to infringe or restrict public rights and freedoms, this requires existence of special law that regulates the state of emergency in general that provides the minimum guarantees for the protection of public rights and freedoms while subjecting these measures to parliamentary and judicial oversight, as the case may be, this study focuses on impact of the health emergency and the measures imposed on public rights and freedoms.
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