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Register a new userThe role of administrative control in the face of exceptional circumstances
دور الضبط الإداري في مواجهة الظروف الاستثنائية
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ظهرت نظرية الظروف الاستثنائية لتمكن سلطات الضبط الإداري من مواجهة الأزمات العصيبة ، و لتزويدها بصلاحيات تسمح له باتخاذ الإجراءات التي يتطلبها الموقف بالسرعة القصوى ، و لو خالفت في ذلك القوانين العادية ، و ذلك من أجل المحافظة على أهداف الإدارة المتمثلة بالحفاظ على كيان الدولة و استمرارها و حماية النظام العام و ازالة الخلل الذي أدى إلى اضطراب سير المرفق العام . يكتسب الدور الذي يمارسه الضبط الإداري في مواجية الظروف الاستثنائية أهمية كبيرة لذلك كثيرًا ما يوسع المشرع من هذه السلطات بنصوص دستورية ،كتلك المتعلقة بلوائح الضرورة أو بقوانين خاصة ، كقانون الطوارئ و الاحكام العرفية .
The theory of exceptional circumstances has emerged to enable the administrative control authorities to face the difficult crises and to provide them with the powers that allow them to take the measures required by the situation at the maximum speed, even if they contravene the ordinary laws, in order to preserve the objectives of the administration The defect that led to the disturbance of the general facility. The role of administrative control in the face of exceptional circumstances is of great importance. The legislator often extends these powers by constitutional provisions, such as those relating to the necessity regulations or special laws, such as emergency law and martial law .
References used
Dr. Abu Saud, Habib Mahmoud, Legislative Jurisdiction of the President of the Republic in Exceptional Conditions, University Culture House, Cairo, 1990
Dr. Al-Jarf, Ta'mia, The Principle of Legitimacy and the Constraints of the Administration's Subjugation to Law, Dar Al- Nahda, Al-Qaher, 1976
Dr. Jamal, Yahya, The Theory of Necessity in Constitutional Law and Some Its Contemporary Applications Comparative Study, Dar Al-Nahda, Cairo, 2002
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