The System of Delegation of Authority in Public Law; Nature,Foundations and Limitations

faghih Habibi, ali; baseri, Babak

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Volume 10, Issue 35 (10-2023)

qjal 2023, 10(35): 111-136

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The System of Delegation of Authority in Public Law; Nature,Foundations and Limitations

Ali Faghih Habibi ^*

, Babak Baseri

Abstract: (558 Views)

Delegating authority in public law is not a rule, but being an exception does not reduce of it`s important. According to the two-way discourse of public law -normativeism and functionalism- in addition to preventing the concentration of power, it also accelerates affairs and improves effective administrative relations. Although in the discussion of delegation of authority, the views are mostly focused on administrative rights, but in constitutional rights and especially the value system, delegation of authority is an important matter, which we call ascending delegation of authority. This issue can be investigated in modernity by understanding the critic's self-founding reason in the form of social contract theory and delegation of public power from the people to the ruling body. For this reason, this article also focuses on the issue of delegation of authority in constitutional rights and considers it the other side of the delegation of authority in administrative law. The rule of law requires that in the administrative system, the principle is based on the authority of the individual, and the delegation of authority is an exception, because every official receives his authority from the law, and its delegation also requires the prescription of the law. Also, the administrative authority who cannot delegate all his powers and only a part of the powers that are not prohibited by law can be delegated. The main question of this article is what and the legal effects of delegation in the light of the principles of public law. In this article, the conditions and limitations of delegation of authority in public law have been examined through a descriptive-analytical method. Delegation of authority is an inevitable necessity in public law, which can be examined at two levels of constitutional law based on the theory of representation and in the field of administrative law.

Keywords: Constitutional Law, Administrative Law, Delegating authority, authority, Competence, Social Contract, Emergency situation

Type of Study: Research | Subject: Special

References

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faghih Habibi A, baseri B. The System of Delegation of Authority in Public Law; Nature,Foundations and Limitations. qjal 2023; 10 (35) :111-136
URL: http://qjal.smtc.ac.ir/article-1-1190-en.html

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Volume 10, Issue 35 (10-2023)

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