Legal adaptation of restricting individuals' property rights in exceptional circumstances

Abstract

This research examines the concept of personal freedom of ownership and its fundamental role in ensuring the exercise of other freedoms, such as economic, social, and political freedoms. It highlights the problems that arise when these freedoms are restricted, particularly in exceptional circumstances, when authorities may be granted broad powers to restrict or suspend constitutional provisions relating to individual rights. The research compares constitutional approaches to the issue of restricting personal freedoms with international conventions, attempting to assess the extent to which domestic legislation adheres to these controls. It also discusses the differences between regulating and restricting personal freedoms, highlighting the role of legal frameworks in achieving a balance between individual interests and the public interest.