The Framework of Executive Legislative Competence for Public Administration

Author:
Ali Jabr Hamod al-Yasari
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Mohammad Mahdi Ghamami

   The administration plays an important  role  in the life of modern societies to meet the public needs , because there are  many types of public needs in the life of every group. To   realize the meaning of the legal administration , certain and essential elements must be available without which the meaning of the legal administration cannot be established, and one of the most important of them is the existence of a constitution for the administration  that defines its system and sets the rules for exercising power in it, the means and conditions for its use, and the administration’s complying  with the law, or what is called the principle of legitimacy. And  its requirement is that the administration in its various bodies may not take any action or decision except in accordance with the law.  In general,  governmental     organizations should   seek the public interest and the public benefit in   doing  their  duties but  they seek their personal interests and self-benefits. Therefore, the administration, in addition to its ability to use the means of private law to deal with individuals, had to use a set of powers, means and privileges in the exercise of its activity.  And in its dealings with individuals, it is not known within the framework of individual relations, and this enables it to achieve the objectives of administrative activity, which are general objectives in the best way and in the safest form. Of course, in addition to its administrative function, it has other major functions including  legislative, its executive and its governmental functions.  So what is meant by the legislative and executive  functions  of the public administration? The legislative function  of the administration is meant to recognize its role in the legislative function through the issuance of regulations or administrative regulations to the extent that it can carry out its duties in organizing and running public facilities and institutions and achieving the objectives of administrative control in all circumstances and conditions, and this was the result of  the increasing burdens and tasks of the administration due to the factors of development and progress on the one hand, and on the other hand,  due   to the phenomenon of concentration and totalitarianism of power, which leads to tyranny and deviation.  the executive function  of the administration means the administration’s implementation of the laws and decisions set by the legislative authority to ensure the progress of the state’s work and the implementation of its general policy through the participation of the government with the President in setting the general policy of the state and supervising its implementation, as well as in directing and following up the work of the ministries , their affiliated bodies , public bodies and institutions to protect public needs and achieve the public interest.  It is possible to distinguish between the administrative function and the legislative function through the fact that the legislative function of the state or its legislative activity is to set the general abstract rules that govern individual activity and public activity within society.  The administrative activity or the state’s administrative activity is represented by the daily administration and public utilities that aim to meet the recurring daily general needs of the public, meaning that the administrative activity is distinguished from the legislative activity in that it is characterized by continuity and renewal.