State of Emergency in a Caretaker Government (Iraq Constitution of 2005)

M. N. Motleb

doi:10.17803/2713-0533.2026.1.35.216-236

State of Emergency in a Caretaker Government (Iraq Constitution of 2005)

M. N. Motleb

https://doi.org/10.17803/2713-0533.2026.1.35.216-236

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Abstract

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.

Keywords

caretaker government, emergency, Iraq Constitution, exceptional legitimacy

About the Author

M. N. Motleb

Al-Iraqiya University
Islamic Republic of Iran

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

Baghdad

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Review

For citations:

Motleb M.N. State of Emergency in a Caretaker Government (Iraq Constitution of 2005). Kutafin Law Review. 2026;13(1):216-236. https://doi.org/10.17803/2713-0533.2026.1.35.216-236

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