مشروع البحث: سلطات الضبط الاداري في الظروف الاستثنائية في مصر وليبيا- دراسة مقارنة
تحميل...
المساهمين
الممولين
رقم التعريف
60
الباحث
ابوبكر ابو الناصر محمد
الوصف
The function of administrative control is one of the necessary duties of the state to stabilize and preserve the system of life, without which chaos prevails. Therefore, this function was the mainstay of the public authority, as it protects society against all threats to its security.
It is known that the administrative control authorities vary according to time. Certain moments push this rule to the maximum extent and require a huge expansion in the administrative control authorities. These moments are called in administrative law in exceptional circumstances. This is achieved when the administration feels in these circumstances that it needs more. Of security and order, in case of war or armed sedition, revolution or natural disaster, or the spread of a severe plague of people, to other unusual events, and this requires giving them greater powers to face these unusual circumstances that occur suddenly and Unexpected, Wint On the broad powers and competences of the administration under exceptional circumstances, that certain administrative decisions and procedures which are illegal under normal circumstances become legitimate under exceptional circumstances, taking into account the rule of necessity, so that the failure of the administration to meet these circumstances will cause serious harm to the State. Territorial integrity and disruption of the movement of life in it, and that the legitimization of such decisions and actions is subject to the important limitation that the decision or action is necessary and necessary to meet exceptional circumstances.
It is remarkable that exceptional circumstances, regardless of the nature of war or natural disasters, do not make the administration completely immune from the control of the judiciary. It is only an extension of the rules of legality. The administration remains responsible under exceptional circumstances on the basis of the error that has occurred. The error in the case of exceptional circumstances is measured by a balance other than in which the error is measured under normal circumstances.
It is worth mentioning that the jurisprudence used several terms of this concept, we find sometimes uses the term exceptional circumstances, and sometimes the term necessity, and sometimes emergency situations of the same concept.
الكلمات الدالة
مصطلح الظروف الاستثنائية، وتارةً مصطلح الضرورة، وتارةً بأحوال الطوارئ لنفس المفهوم .