Seybold Report ISSN: 1533-9211
Halbin Thaer Mohammed Subhi, Assist.Prof.Dr. Ahmad Mustafa Ali
Vol 18, No 6 ( 2023 ) | Licensing: CC 4.0 | Pg no: 1-16 | Published on: 12-06-2023
Abstract
Political rights are among the pillars on which the modern legal state is based، especially the right to express an opinion، as it is in addition to being one of the important political rights that find its foundations in constitutions and international conventions، it is also a human right in democratic countries، and on this basis، the right to express an opinion finds its basis in constitutions and international charters on two sides، the first being among the political rights، and the second being one of the basic human rights. Modern countries have guaranteed this right and the means of expressing it with various guarantees that prevent deprivation of it، restriction or control under the ordinary laws in force in normal circumstances، but the life of states، like the lives of persons، sometimes go through exceptional circumstances that threaten their existence and basic pillars، and therefore need emergency laws to face these circumstances، as those ordinary legal rules in force are not able to face these circumstances، as they grant the powers of the state based on the application of the state of emergency. Exceptional powers to face these circumstances، and these powers may lead to prejudice to the rights and freedoms of individuals، including the right to express an opinion، as the interest of protecting the state and its institutions، if compared to the rights of individuals and their fundamental freedoms، the balance tends in favor of protecting the survival of the state and its political system، but this prejudice to rights and freedoms، including the right to express an opinion as one of the basic political rights، and what carries with it human rights should not reach the extent of compromising the essence and content of that right. Even under these exceptional circumstances، the means of protecting it will rise and tend to those measures taken in those circumstances that are null and void and not legally protected.
Keywords:
Political rights. Start. Opinion، guarantees of the right to opinion، rights and freedoms. State of emergency