kulawrKutafin Law ReviewKutafin Law Review2713-05252713-0533MSAL10.17803/2713-0533.2026.1.35.216-236kulawr-807Research ArticleNATIONAL PROBLEMS IN IMPLEMENTING CONSTITUTIONAL LAWState of Emergency in a Caretaker Government (Iraq Constitution of 2005)https://orcid.org/0009-0006-4390-6744MotlebM. N.

Mahmood Noori Motleb, PhD (Constitutional Law), research scholar, Faculty of Education

Baghdad

mahmood.noore@aliraqia.edu.igAl-Iraqiya UniversityIslamic Republic of Iran202606042026131216236Copyright © Motleb M.N., 20262026Motleb M.N.Motleb M.N.Данная работа распространяется под лицензией Creative Commons Attribution 4.0.This work is licensed under a Creative Commons Attribution 4.0 License.https://kulawr.msal.ru/jour/article/view/807

A state of emergency is one of the most important constitutional tools used by States to confront serious threats to security and public order, such as wars, disasters, or internal unrest. Article 61/Ninth of the Iraq Constitution of 2005 regulates the state of emergency. The Council of Ministers, in agreement with the President of the Republic, is authorized to declare it and present it to the Council of Representatives for approval by a two-thirds majority. However, the problem arises when a caretaker government exists, a government with limited powers according to Iraqi constitutional custom and rulings of the Federal Supreme Court. Its mandate is limited to managing daily and routine affairs, without making fateful or strategic decisions, such as requesting the declaration of a state of emergency. This is a fundamental decision that exceeds its limited authority. Furthermore, a state of emergency is characterized by its exceptional nature, and its declaration requires the presence of a government with full powers, as it affects fundamental rights and freedoms and has serious repercussions for the state’s authorities. Since this government lacks full mandate and is constitutionally prohibited from requesting the declaration of a state of emergency, this research discusses how to deal with crises that occur during the term of this government, and presents some constitutional and legal solutions and legitimizes the decisions, procedures, and material and legal measures taken by this government to confront exceptional circumstances. Therefore, the research aims to balance the necessity of protecting the entity of the State and respecting constitutional principles and guaranteeing rights and freedoms.

caretaker governmentemergencyIraq Constitutionexceptional legitimacyReferencesAbdel-Mutaal, A., (2004). Dissolution of Parliament in Comparative Constitutional Systems. Dar Al-Nahda Al-Arabiya. (In Arabic).Abdel-Mutaal, A., (2004). Dissolution of Parliament in Comparative Constitutional Systems. Dar Al-Nahda Al-Arabiya. (In Arabic).Adel, M., (2022). The Strategic Dimensions of the Federal Supreme Court’s Decision on the Interpretation of the Caretaker Government. Part 1. Hammurabi Center for Research and Strategic Studies. (In Arabic).Adel, M., (2022). The Strategic Dimensions of the Federal Supreme Court’s Decision on the Interpretation of the Caretaker Government. Part 1. Hammurabi Center for Research and Strategic Studies. (In Arabic).Al-Akeeli, A.M. and Al-Dhaheri, L.A., (2017). Constitutional Protection of the Concept of Public Order. Cairo: Arab Center. (In Arabic).Al-Akeeli, A.M. and Al-Dhaheri, L.A., (2017). Constitutional Protection of the Concept of Public Order. Cairo: Arab Center. (In Arabic).Al-Ani, H.M.Sh., (2007). Comparative Political and Constitutional Systems. Baghdad: Legal Library. (In Arabic).Al-Ani, H.M.Sh., (2007). Comparative Political and Constitutional Systems. Baghdad: Legal Library. (In Arabic).Ali, S.Al-S., (2007). The Basic Principles oƒ Political Systems and Contemporary Governance Systems. Cairo: Dar Al-Kitab Al-Hadith. (In Arabic).Ali, S.Al-S., (2007). The Basic Principles oƒ Political Systems and Contemporary Governance Systems. Cairo: Dar Al-Kitab Al-Hadith. (In Arabic).Al-Rifou, A.Y.M., (2020). The Extent of the Executive Authority’s Right to Issue Administrative Control Regulations in the Absence of a Constitutional Text. Journal of Legal and Political Sciences, 10 (4), pp. 114–142. (In Arabic).Al-Rifou, A.Y.M., (2020). The Extent of the Executive Authority’s Right to Issue Administrative Control Regulations in the Absence of a Constitutional Text. Journal of Legal and Political Sciences, 10 (4), pp. 114–142. (In Arabic).Al-Tahrawi, H.A., (2008). Political Systems and Constitutional Law, 1st ed. Jordan: Dar Al-Thaqafa for Publishing and Distribution. (In Arabic).Al-Tahrawi, H.A., (2008). Political Systems and Constitutional Law, 1st ed. Jordan: Dar Al-Thaqafa for Publishing and Distribution. (In Arabic).Badawi, Th., (1971). Constitutional Law and the Development of Constitutional Systems in Egypt. Cairo: Dar Al-Nahda Al-Arabiya. (In Arabic).Badawi, Th., (1971). Constitutional Law and the Development of Constitutional Systems in Egypt. Cairo: Dar Al-Nahda Al-Arabiya. (In Arabic).Badr, A.S., (2003). The Legislative Powers of the Head of State in the Parliamentary System. Cairo: Dar Al-Nahda Al-Arabiya. (In Arabic).Badr, A.S., (2003). The Legislative Powers of the Head of State in the Parliamentary System. Cairo: Dar Al-Nahda Al-Arabiya. (In Arabic).Dyzenhaus, D., (2005). The state of emergency in Legal Theory. Cambridge: Cambridge University Press.Dyzenhaus, D., (2005). The state of emergency in Legal Theory. Cambridge: Cambridge University Press.El-Sayed, A.A.I., (2014). The Role of the Head of State in the Parliamentary Democratic Political System. Riyadh: Law and Economics Library. (In Arabic).El-Sayed, A.A.I., (2014). The Role of the Head of State in the Parliamentary Democratic Political System. Riyadh: Law and Economics Library. (In Arabic).Lachaize, M., (1952). L’expedition des affaires courantes en periode de crise of ministerielle. Dalloz — Chron, Hebdomadaire. (In French).Lachaize, M., (1952). L’expedition des affaires courantes en periode de crise of ministerielle. Dalloz — Chron, Hebdomadaire. (In French).Lauvaux, Ph., (1983). La dissolution des assembles Parliamentaries. Paris: Economica. (In French).Lauvaux, Ph., (1983). La dissolution des assembles Parliamentaries. Paris: Economica. (In French).Mahdi, A.M., (2017). The Limits of Executive Power in the Parliamentary System: A Comparative Study. Baghdad: Al-Rawad Printing and Publishing. (In Arabic).Mahdi, A.M., (2017). The Limits of Executive Power in the Parliamentary System: A Comparative Study. Baghdad: Al-Rawad Printing and Publishing. (In Arabic).Metwally, A.H., (1963). Constitutional Law and Political Systems, 2nd ed., vol. 1. Alexandria University. (In Arabic).Metwally, A.H., (1963). Constitutional Law and Political Systems, 2nd ed., vol. 1. Alexandria University. (In Arabic).Misrup, S.B., (2019). The Caretaker Government and the Limits of its Powers. Al-Rafidain Journal of Law, University of Mosul, 19(66), pp. 86–142. (In Arabic).Misrup, S.B., (2019). The Caretaker Government and the Limits of its Powers. Al-Rafidain Journal of Law, University of Mosul, 19(66), pp. 86–142. (In Arabic).Morsi, A.R., (2009). Public Freedoms in Exceptional Circumstances. Cairo: Dar Al-Nahda Arabic. (In Arabic).Morsi, A.R., (2009). Public Freedoms in Exceptional Circumstances. Cairo: Dar Al-Nahda Arabic. (In Arabic).Saeed, D.A., (2010). Dissolution of Parliament and its Legal Implications for the Principle of State Continuity. Beirut: Modern Book Foundation. (In Arabic).Saeed, D.A., (2010). Dissolution of Parliament and its Legal Implications for the Principle of State Continuity. Beirut: Modern Book Foundation. (In Arabic).Shabar, R.K.S., (2013). Separation of the Legislative and Executive Powers in the Parliamentary System. Egypt: Dar Al-Kutub Al-Qa-nouniya. (In Arabic).Shabar, R.K.S., (2013). Separation of the Legislative and Executive Powers in the Parliamentary System. Egypt: Dar Al-Kutub Al-Qa-nouniya. (In Arabic).Shiha, I.A.A., (1987). Political Systems and Constitutional Law. Alexandria: Al-Maaref Establishment. (In Arabic).Shiha, I.A.A., (1987). Political Systems and Constitutional Law. Alexandria: Al-Maaref Establishment. (In Arabic).Suleiman, E., (2010). Parliamentary Systems Between Theory and Practice: A Comparative Study. 1st ed. Beirut: Al-Halabi Legal Publications. (In Arabic).Suleiman, E., (2010). Parliamentary Systems Between Theory and Practice: A Comparative Study. 1st ed. Beirut: Al-Halabi Legal Publications. (In Arabic).

The authors declare that there are no conflicts of interest present.