Principles of Limitation of Constitutional Rights under the Special Political and Legal Regime

Introduction. The article investigates the purposes and principles of the constitutional rights and freedoms of the limitations of citizens of the Republic of Iraq in emergency legal regimes. The author deals with the problems arising from the establishment and application restrictions. On the basis of the existing constitutional practice the necessity of leveling the negative consequences of the introduction and implementation of the legal regime of emergency by the state. Discussion. Thread from the study of international-legal documents, focuses on a number of conceptual frameworks that could serve as a basis for law-making and law-enforcement activities in the field of restriction of citizens’ rights. Particular attention is paid to the problem of clear and precise formulation of the principles of the constitutional restrictions of human rights which form the basis for state regulation of activities in the conditions of the special political and legal regimes. Conclusion. An analysis of the international-legal documents securing the international standards of the norms and principles of basic human rights in states of emergency the author concludes that they greatly complement and represent a specific system of measures to ensure the legality and proportionality of the measures taken to limit the rights and freedoms of citizens under special political and legal regimes. However, the scientific literature is paid attention and the fact that the lack of official status of these documents makes it difficult to carry out their use in practice. An integrated approach to solving this problem at the international level will contribute to the development and application of a single standard restrictions on rights and freedoms in the conditions of the special political and legal regimes.

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DOI: 
10.18500/1994-2540-2017-17-2-224-229
References: 

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