أبحاث قانونية وسياسية
Volume 9, Numéro 1, Pages 905-921
2024-06-30
Implementation Of Presidential Orders: Between Legal Compliance And Requirements Of Subjective Convenience
Authors : Rabhi Ahcene .
Abstract
Abstract: The concept of obedience according to Administrative Law entails the subordinate’s commitment to accurately, promptly and effectively respect and implement the orders and directives of their direct or indirect superior. This functional connection is imposed in order to achieve coordination and consistency across all hierarchical administrative bodies inside the administrative organization's pyramid. What contributed to the rebirth of this theoretical trend is its alignment with the flourishing era of the "directed legitimacy" concept in the late 1950s, which formed an inseparable and well-known dual standard. The subjective norm of superior-subordinate relationships has weakened and receded in recent years, as the principle of convenience was widely adopted in administrative work. This led to the adoption of a dual legal solution that legitimizes presidential orders while allowing for orders that violate the law, as long as they respond to public needs under specific circumstances. This has resulted in a more flexible approach to administrative work.
Keywords
administrative hierarchy ; administrative legitimacy ; administrative obedience ; compliance control ; convenience control ; presidential authority ; Presidential orders
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