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Abstract

Jurisprudence and the judiciary admitted the extraordinary jurisdiction of executive authority in the area of legislation. Through this paper, we have addressed many questions about the nature of the exceptional circumstances and how determined by the jurisprudence and the judiciary in both France and Egypt. Considering that Article 16 of the Constitution of the Fifth Republic in France, issued in 1958, the basis of the theory of historical necessity in Arab constitutions.

Analytical comparative method was used to know the facts about the necessity legislations and its historical development and grounds in both France and Egypt.

Then, we dealt with the constitutional standards on which the basis of the legislations authorities is determined in necessity case in the Constitution of the United Arab Emirates and the Constitution of the State of Bahrain , the Constitution of the State of Kuwait , the Constitution of the State of Qatar and the Constitution of the Kingdom of Jordan.

We studied the legal basis for the distinction between legislative and administrative work and the nature of the decrees necessary before the approval of the Legislative Council and after approval of the Legislative Council.

Search has been divided into three main chapters, the first chapter deals with the definition and development of necessary legislations.

While the second chapter concerns with the necessary legislations in some GCC countries.

Dr. Amani Omar Mohammed

Assistant Professor of Public law- College of Law at Al Ain University of Sciences and Technology - UAE.

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