Oversight of necessity regulations in the parliamentary system

Abstract

During the absence of Parliament, the life of the state may be exposed to unusual circumstances that pose a threat to its existence and the available legal means are unable to address them. Therefore, it was necessary to find a legal organization to preserve the entity of the state by giving the head of state the right to issue decisions that have the force of law and the possibility of taking appropriate measures to preserve the entity. The state and called them (necessity regulations). Oversight of the constitutionality of the regulations of necessity is the sure guarantee of the principle of legality, and it is also one of the guarantees of the supremacy of the constitution. from legitimate sources. This oversight in the parliamentary system is more effective and stable, as it protects the rights of individuals from texts that violate the constitution, and this oversight is in essence legal oversight, given that it does not go beyond the scope of research and investigation whether the law was issued by a competent authority that the constitution drew for it And this oversight can be exercised by Parliament or by the judiciary, so we will divide this study into two branches. In the first section, we will deal with parliamentary oversight over necessity regulations, and the second branch will be devoted to judicial oversight over necessity regulations.