جستجوی مقالات مرتبط با کلیدواژه « صلاحیت گزینشی » در نشریات گروه « علوم سیاسی »

The purpose of this study is the selective competence of administrative and law enforcement officers in managing group freedoms (gatherings and marches) and competence determines the scope of action and activities of the administration; An important issue in public law regarding jurisdiction is that the principle is incompetence; Unless authorized to the public by law. Competence is obligatory and selective; In the second category, the administrative authority has the power to choose and can choose from several options. Supervision is doubly important as one of the fundamental issues of public law in selective competencies; Although the public authority has more freedom and initiative in this type of jurisdiction, this does not mean making arbitrary decisions. One of the most challenging missions of administrative and law enforcement officers in terms of attention in the community is to maintain order in the management and control of crowds that have been formed with the aim of protest. Is. However, the abuse of these powers by administrative and law enforcement officials is one of the issues that has raised many concerns, and it is better to limit the selectivity to more limited.

selective competence is the legal status under which an administrative authority can select the most appropriate of the legally acceptable options. Deviation from the limits of discretionary powers and their abuse occurs when the decision taken is not a legally acceptable option and is not justified by the available evidence or is contrary to the principle of competence, because one of the requirements of competence as a limited concept Is to prevent the withdrawal of competence and abuse of authority resulting from it.In some cases, the executive branch sets government regulations.This regulation, which is in line with the better implementation of laws and good administration of affairs, can also restrict the rights and freedoms of citizens.The principle of the hierarchy of norms requires that the approvals of the executive branch follow the supreme norms, namely Sharia, the constitution and ordinary law.Article 138 of the Constitution recognizes the right of the executive to make governmental regulations.The executive branch has the right to enact government regulations to enforce laws and determine their details due to the existence of various specialized and technical organizations, having specialized and experienced people and more communication with the people. These regulations should not be within the competence of the legislature, should not contradict the supreme norms, and should be enacted by the competent authority.