The Critical Analysis of the Theory of Public Services and the Principles Governing on it Based on the Islamic Doctrines

One of the fundamental and important theories in the discussions of administrative law is the theory of public services. This theory is among the ones that has social roots in contrast with individualistic theories. According to this theory, the state is obliged to provide people with certain services and promote their welfare. Taking the articles of the Constitution of the Islamic Republic of Iran, including the articles 3, 29, 30, 43, …, this theory is considered as the most important basis for the existence of the state administrative system and is subject to principles governing it. The governing principles are equity, priority, correspondence, continuity and public services without charge. This research, drawing upon descriptive-analytic method, makes a comparative study of the theory of public services and the principles governing it in the French administrative law and the administrative law of Iran according to the Islamic teachings. Researches into the Islamic authentic sources make it possible to gain access to the meaning of public services and the principles governing it. Public law which has its roots in French administrative law and which is based on the liberal democratic system differs to some extent from what is proposed in Islam and ideological systems including the legal system of Iran. In the western system, the theory of public services is based on what people desire. However, in the Islamic system the aim of providing public services is to pave the ground for human growth and perfection, for man has been created to attain true perfection which is the station of divine proximity. Therefore, social laws must provide the context in which this perfection is achieved. The principles governing public services can also be traced in Islamic sources and found to be important. The Islamic view of concept of certain governing principles on public services is different from that of the West. For example, in the Islamic view, the principle of justice rather that the principle of equity has been accepted.