الانحراف بالسلطة في القانونين الإداري والدستوري

Abstract

ABSTRACT This reach study is the particular issue related to deviation ad obliquity of authority in the administrative and constitutional laws of the Sudan. The researcher yielded to the Arabic and foreign references; and the Arab and foreign judicial precedents, as sources of data on the unjust and oppressive use of authority ad power in judicial ad administrative practices. For the purpose of conducting the research, to reach the required results, it was divided into three chapters - an introductory chapter, and two further chapters. I The introductory chapter contained three sections and is about the deviation and obliquity of authority. It is divided into three sections: one defines the deviation ad obliquity of authority and power, the second exposes the significance of the study of deviation and obliquity of public officials; and the flaws associated with same. The third section delves into the method of the treatment of deviation and obliquity, through judicial control over the executive organ and the administrative work. Then chapter one discussed the general theory of the deviation and obliquity of authority in the administrative law. Thus, deviation and obliquity by the public official for his own interests or for vengence are reviewed, together with the relation between the administrative and the constitutional law. This chapter also contained five consolidated sections. Chapter two deliberated the deviation and obliquity of authority in the constitutional law. It covered the procedures of the representative organ and the use of authority, unconstitutionally, for achieving some political gains, or for the vested interests of some specific groups. The research findings proved the following: l- Public freedoms are the base of all freedoms. Therefore, the supremacy of the law is the guarantee for these freedoms. 2- The dangers of deviation and obliquity affect freedoms; especially in the case of deviation and obliquity by the government officials. 3- Deviation and obliquity cause corruption in presidential and the legislative organ elections, for the benefit of one party; or the other. 4- The transitional Acts passed by governments, for their mere survival, and at the expense of the country and nation, form a type of deviation and obliquity. _ 5- The practice of comprehensive democracy, on the pretext that it is liberal democracy, is another type of deviation and obliquity.