Enforcement of the Constitution during the Epic: A Study of the Legitimacy of Suspension between Constitutional Systems and Islamic Jurisprudence

The practical value of a constitution depends on the conduct of the public authorities responsible for its implementation. These authorities are responsible for applying constitutional provisions correctly, ensuring that they are applied according to the constitution. However, if the constitutional provisions become entirely separated from the prevailing political, economic, and social realities, it may become necessary to abolish the existing constitution and adopt a new one. Yet, it is unreasonable to expect a constitution to outline the procedure for its own termination. Between the time a constitution comes into use until the moment it is repealed and replaced, certain exceptional circumstances (e.g., crises or emergencies) may arise, necessitating the suspension or temporary deactivation of some of its provisions due to threats endangering the state’s existence. In more severe cases, this may involve the complete suspension of the constitution while it is still formally in effect. This exceptional situation, which compels the suspension of the constitution, may lead to the undermining of the constitutional order itself which is known as “suspension of the constitution”. Therefore, the suspension of the constitution refers to the temporary halting of its provisions, either partially or entirely, when the state or its democratic institutions face danger, thereby permitting the president to make use of the exceptional powers temporarily.