Document Details

Document Type : Thesis 
Document Title :
Judicial Supervision of Privatised Public Services A Comparative applied study in light Islamic Jurisprudence & Saudi System
الرقابة القضائية على المرافق العامة المخصخصة دراسة مقارنة تطبيقية في ضوء الفقه والنظام السعودي
 
Subject : Faculty of Arts and Humanities 
Document Language : Arabic 
Abstract : The research problem lies on the fact that public utilities are governed by certain laws, their own principles, and a competent judiciary in the consideration of all their disputes, namely the administrative judiciary. By privatizing these facilities, it has become a new entity that takes the description of the public utility as a public where individuals can benefit from, it can also exercises some of the privileges of the management, but at the same time takes the form of a private company that is based on material profit and operates under the provisions of the special law. This has led to a different jurisprudence in the determination of jurisdiction in the consideration of disputes of these privatized facilities, and it is still a stampede between the administrative judiciary and the public judiciary, this stampede based on the debate on these entities, which combines the description of the General Facility and the form Private Company. The issue of judicial control over privatized public facilities is particularly important, especially as Saudi Arabia has accelerated the privatization of more public facilities. In light of the aforementioned, in my research I have relied on the general directions, in which is the descriptive comparative application approach, in which for the context of applying this approach I have used certain research tools to support in detailing the research subjects provisions. In conclusion of the research, certain results were driven, among of which the most important ones are the judiciary controls that can ensures controlling the management and avoid the misuse of its core function, and the abuse of its power. Whilst the Administrative judiciary was playing the right role in judicial control over public facilities, and should not sacrifice such a control over the Privatized ones, and should base continuation of such control on the fact that they are still managing a general and public facility. Nevertheless, it took the form of a Private company but at the same time its funds are owned by the government, and it is only in charge of the management side as designated by the authorities. 
Supervisor : Dr. Hasan Muhammed Safar 
Thesis Type : Doctorate Thesis 
Publishing Year : 1440 AH
2019 AD 
Added Date : Wednesday, July 24, 2019 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
عبدالرحمن حضيض المطيريAlmutairi, Abdulrahman hadeydResearcherDoctorate 

Files

File NameTypeDescription
 44799.pdf pdf 

Back To Researches Page