معيار تحديد العمل الاداري

Abstract

Abstract The Criterion of Definition of the Administrative Action The jurists classify the authorities of the state into three categories; legislative, judicial and executive authorities. The legislative authority enacts the laws, while the judicial authority applies those laws in deciding the cases brought before the courts. The function of the executive authority comprise of two types of actions namely. The acts of government aimed at ensuing the safety of the fabric of the state. Regulating and overslering the proper functioning of the public authorities, securing the safety of the state both internally and externally as well as maintaining the relations with foreign states, and the administrative actions, which consist of daily applications of rules, regulating the relations of the individmils with the central and local authorities, satisfying the public needs of these individuals in addition to safeguarding the security and tranquility of the society. Though the jurists of the public law had laid down the principle of separation of powers between the a fore mentioned legislative, judicial and administrative powers, yet this separation is not absolute. Each of the three authorities are empowered to function in the domain of the other authorities in exceptional cases. Hence the need arises to flX a criterion for distinguishing between these functions. Both the jurisprudence and the judiciary were equal to the task of flXing such a criterion since identifying the administrative action is of paramount practical importance. This importance stems from the fact that variant legal systems apply to each of the three functions. The delimitation of the nature of the administrative action " :as~ for a specific criterion capable of distinguishing the said administrative action from both the legislative and the judiCial functions. This thesis attempts to suggest· such a criterion which, would hopefully help to reveal the nature of the administrative action and distinguish it from various functions of the state. The delimitation of the administrative action helps in recognizing the relation between the administrative function on the one hand and the legislative and judicial functions on tlle other and tends to illustrate the legal power, which t1t~ , administrative action enjoys.