Document Details
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Document Type |
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Thesis |
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Document Title |
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Administrative control and its impact on public freedoms"A comparative study " الضبطُ الإداري وأثرهُ على الحريات " دراسةٌ مقارنة " |
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Subject |
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Faculty of Law ، Master |
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Document Language |
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Arabic |
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Abstract |
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The study deals with the subject of administrative control, and its impact on public freedoms because of the importance of this topic. Administrative detention has become one of the most important functions of the state. The importance of this topic has increased according to the increase of state intervention in all aspects of life. Of all the administrative functions, administrative detention affects public freedoms the most. It affects all members of society, without exception; consequently imposing some restrictions on their liberty in order to protect public order in society with its four elements: public security, public health, public tranquility, and public morals.
In this study, we deal with the role of administrative detention, and we discuss the relationship between the authority of administrative detention in the protection and maintenance of public order, and between public freedoms cherished by every member of the community, and through the identification of the nature of administrative detention, and the statement of the means used by the authorities of administrative detention to maintain public order. We realized that the means of administrative detention plays a major role in reconciling the two elements: freedom and authority, they aim to achieve balance and alignment between the practice of individuals’ public freedoms, and the authority of administrative detention in the maintenance of public order, without sacrificing one of them for the sake of the other.
As well as determining what public freedoms are, and explaining the legal guarantees established for the protection of public freedoms and of constitutional recognition of them, and their legislative regulation, and we found that these guarantees are effective only in democratic systems and peoples with political and legal awareness. We have also dealt with the role of the administrative court in the protection of public freedoms, and we found that it is the important and effective safeguard as it supervises the procedures of administrative detention in terms of legality and appropriateness, unlike other administrative functions.
We have also discussed the attitude of the authorities of administrative detention to public freedoms; in normal circumstances and exceptional ones. And we found that the power of administrative detention in normal conditions is constrained by systems and a number of controls, in contrast, we found that the power of administrative detention in exceptional circumstances, accommodate to the extent necessary to meet these conditions. |
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Supervisor |
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Dr. Hassan Abo Alela |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1435 AH
2014 AD |
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Added Date |
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Wednesday, July 2, 2014 |
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Researchers
| بدور ظيف الله النفيعي | Alnofaie, Bodour Dhaif Allah | Researcher | | |
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