Exceptional circumstances in light of judicial rulings

Authors

Ashraf Wageh Elshafei

 

Abstract

The administration’s departure from the principle of legality, even if it is permissible, is sometimes the result of the state being exposed to certain exceptional circumstances, in order to preserve the state’s entity, security and public order. However, this may carry within it an attack on the public freedoms of citizens or a restriction of these freedoms in a way that is not permissible under normal circumstances. Hence, it was necessary to reconsider the basis of that license due to the administration’s violation of the principle of ordinary legality to another of exceptional legality, and from here it was necessary to determine the elements of the exceptional circumstance, and this will only be done through the rulings that are judicial rulings in this regard, considering that the theory of exceptional circumstances It is itself created by the judiciary.

DOI: 10.51958/AAUJBL2025V9I2P8