نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
This study addresses a perennial and central issue in legal and administrative jurisprudence: how to strike a delicate balance between the state’s imperative to uphold the "rule of law" and "administrative legality" on one hand, and the necessity of empowering the executive branch to employ "exceptional mechanisms" to confront exigencies and major crises on the other. The study argues that a temporary departure by the administration from standard legislative rules does not constitute an erosion of the rule of law; rather, it represents a flexible expansion of the scope of administrative legality—justified by the higher interest of ensuring the continuity of public services and the survival of the state—in accordance with the foundational legal maxim: "Necessities are measured according to their extent." The study employs an analytical and foundational approach to deconstruct mechanisms utilized in government operations, such as the theory of exceptional circumstances, emergency regulations, extraordinary legislation, and the doctrine of "acts of state" (sovereign acts). Furthermore, it highlights the safeguards designed to prevent the abuse of power, most notably the requirement of proportionality between the threat and the measure taken, the condition of temporariness, and the preservation of the "hard core" of fundamental rights that cannot be suspended.
کلیدواژهها English