Constitutional Law Requirements for Dealing with Emergency Situations with emphasis on Covid 19

Although laws and regulations in all legal systems are typicallyformulated, enacted, and promulgated for ordinary situations, sometimessituations arise for political systems that endanger the life of society. Tomanage these dangerous situations, there are various tools in politicalsystems, one of which is to declare a state of emergency. In such cases,restrictions on fundamental rights and freedoms, including the right ofmovement, the right to employment and the freedom of the media, areimposed. Given that the fundamental rights and freedoms of the people arerestricted in a state of emergency, it is imperative that governments adhere toa set of formal and substantive rules so that this situation does not lead to afundamental violation of fundamental rights and freedoms. With the spreadof Covid 19 disease around the world, some countries have declared a healthemergency in order to deal with the disease. In Iran, although the capacitiesof Article 79 of the Constitution were not formally used and a state ofemergency was not declared, the use of Article 176 of the Constitutionimposed restrictions on some rights and freedoms. An examination of theprocess of applying these restrictions in Iran shows that the formal andsubstantive requirements for emergency situations have been met to a largeextent.