The public function between achieving the public interest and its misuse, a legal analytical study
- Author:
- Karrar abbas Kazem
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Maytham Nemati
The research aims to clarify the nature of the public job and its relationship to the public interest and the results of this relationship between public benefit and misuse . So the public interest is the justifying basis for the public administration to carry out all its activities . Achieving the public interest is a goal that the state seeks, regardless of its political orientation and whatever its economic ideology that she adopt concern to the public interest is the basis for preserving the state and its continuity in performing its function, in addition to the state’s intervention and its exercise of its public authority, even if it is exceptional It is only in the name of the public interest The extent of this interference is also determined by the extent to which the public interest is served by its conduct .
The importance stems from this close relationship between achieving the public interest and the public job . Therefore, the study aimed to address the concept of the public employee and the public job and the standard of its discrimination and mechanisms to achieve it and misuse of power and judicial oversight This is done through the analytical method And from here The main question of the research is how is the public interest achieved by the administrative employee and how is it misused?
The study concluded with several results and recommendations, the most important of which are: The public interest is distinguished that it is irrevocable Because the public interest relates to all sects of society, the strong and the weak, men, women, children and the elderly, so the project was keen to achieve that interest in accordance with the principle of equality .
Deviating from the public interest should not lead to the loss of rights and freedoms without control or restrictions Therefore, the state, while facing dangers, has to draw a specific amount and according to certain conditions and controls the limits in which it is possible to deviate from the law