Ma`rifat Hoghoughi

The concept of ‘state of emergency’ and its related rules and conditions, as stated in Article 79 of the Constitution, has been one of the hidden challenges of Iran’s political system since the beginning of the formation of the Constitution of the Islamic Republic of Iran. The main question is what is the position of the ‘state of emergency’ in our constitutional right system and what is the role of the Islamic Consultative Assembly in such situations, especially considering the supervisory position of the legislature in the existing political institutions. We can see the distinction between different kind of situations, generally called emergencies, and their resulting restrictions in most of the basic or ordinary laws of the world, but our constitution is silent in this regard. A comparative study of this issue with some EU countries can help us to find a more accurate understanding of the issue and their existing gaps. Due to the disruption of the customary separation of powers in such situations, the role of legislative assemblies - as a symbol of national sovereignty and the manifestation of public will and for monitoring the government’s authority in such situations – has a greater importance. This disruption of the customary balance of power in the constitutional order of the Islamic Republic of Iran has created a special and perhaps unique situation in which the parliament has been practically left out of the emergency management process.