Exceptional circumstances and their impact on personal freedoms

Section: RESEARCH
Published
Aug 4, 2025
Pages
233-265

Abstract

The lives of States do not go at one pace but interspersed from time to time different images of exceptional circumstances that threaten its existence and its entity as a serious threat. The legal regime applied in the normal circumstances of the State may be unable in the course of crises to control the affairs of the State and to provide the necessary protection for its continued existence and stability. Therefore, the theory of exceptional circumstances was formulated to confront those unfamiliar circumstances in the life of a State that threatened its existence and security. This theory entails authorizing the executive authority to take all procedures and measures necessary to maintain the state and its integrity, however, these measures included an attack on freedoms and public rights. This may lead to a deviation in the use of this authority and depart from the goals for which the state of exceptional circumstances was declared.

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