Legal System of Administrative Regulations in the Republic of Yemen under Exceptional Circumstances

Abstract

While the legislative authority inherently holds the original jurisdiction over legislation, practical reality requires the executive branch to formulate a specific type of general and abstract legislative rules. These take the form of regulatory decisions that formally and substantively align with the constitution and enforced laws, commonly referred to in most countries as regulations or subsidiary legislation. This becomes especially critical during exceptional circumstances when the state faces tense, thorny, and unavoidable crises. Laws governing normal times fail to assist the state in confronting such emergencies, including wars, civil strife, and disasters. To preserve national security and stability, strict adherence to ordinary legality under these conditions could lead to state instability and collapse. Consequently, new legal rules tailored to the nature of these circumstances must be established. Therefore, creating a legal system for administrative regulations during exceptional circumstances is essential. This system allows the executive branch to exercise legislative functions alongside its executive duties under complex conditions, strengthening its inherent role. Concurrently, it is necessary to establish legal and constitutional boundaries, providing safeguards that bind the executive branch to respect the principles of legality when using this regulatory power. Research into the legal system of administrative regulations in Yemen raises a key problem: the necessity of defining a legal framework to govern the issuance of administrative regulations under exceptional circumstances. It requires determining the scope, nature, and fields of these powers, evaluating their compliance with legal and constitutional boundaries during crises, and understanding their application and enforcement procedures. This forms a comprehensive understanding of Yemen's legal system regarding administrative regulations. It clarifies the foundations, cases, conditions, and consequences of executive-issued regulations during emergencies. The ultimate goal is to draft legal regulations that are more effective, advanced, distinct, and just—derived directly from practical reality rather than mechanically or partially copying positive legal systems. To address this topic, the research is divided into two sections:

• Section I: The Concept of Administrative Regulations.
• Section II: Competent Authorities for Issuing Regulations Under Exceptional Circumstances.