The Components and Principles Governing the "Proper Administration System"
Given the shortcomings of the non-religious management theory and the Western administrative law model, the lawmakers of the Constitution of the Islamic Republic of Iran, strongly rejected the bureaucracy emerging from tyrannical sovereignty, and thus, in the article No. (10) of the third principle of the Constitution, they considered "the establishment of the proper administrative system" as one of the duties of the government. Despite this ratification, there has not been a specific reference to the constituent elements and principles governing the proper administrative system by the Constitution. So this question arises as to what the proper administrative system is? And what are its principles and components? Certainly, given the principles, the paradigm and the explicit constitutional orientation regarding the sovereignty of the Islamic rules over all laws and regulations, "the proper administrative system" from the standpoint of the lawmakers of the Constitution is "the Islamic administrative system" and its components and values, which is based on the values such as justice, efficiency, order, rationality and the competence of the officials and employees. Of course, it should be noted that although there is a rational and effective mechanism for establishing a proper administrative system, but there are also problems in deploying and generalizing these components and principles. Therefore, in addition to avoiding obsolete administrative systems, the Islamic legal rights and the governing jurisprudence researches for designing the proper administrative system should be done based on the Divine revelation, and the advanced human experiences. Using a descriptive-analytical method, this paper seeks to investigate the components and principles of the correct administrative system along with its legal issues and effects.
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