The Employee's Rebellion Right from the Perspective of Legality Principle and Reference to Fundamental Doctrines

Articles in Press

Document Type : Original Article

Authors

1 PhD student in public law, Faculty of Law and Political Sciences, Shiraz University

2 Faculty of Law and Political Science Shiraz Univerrsity

3 Faculty of Law and Political Sciences Shiraz University

10.22034/mral.2023.2002194.1467

Abstract

The relationship between "commanding" and "commanding" in administrative sciences and law is known as the term "principle of hierarchy" to be one of the essentials of establishing administration and ensuring administrative order. Despite all this, the assumption of the employee's constant duty to obey and submit to the administration has disadvantages and also prevents the spread of the discourse culture in the administration, accountability and strengthening of collaborative opportunities.

In this article, in order to study the concept of " resistance" and "disobedience" in the field of administrative law, the possibility of an employee's disobedience in the face of orders that seem to be contrary to the law, Sharia and fundamental principles has been investigated. In most of the sources that have dealt with the category of "illegal command", they have often focused and stopped on Articles 96 of the Civil Service Management Law and 158 and 159 of the Islamic Penal Code. The purpose of this article is to take a different attitude at the mentioned articles and present a basic analysis, to observe the issue of "resistance of the agent and the order of the agent" in other legal articles, especially Article 91 of the Public Accounts Law, and consider its reflection in foreign law.

Keywords

Main Subjects

The Journal of Modern Research on Administrative Law

Articles in Press, Accepted Manuscript
Available Online from 08 July 2023

Files

History

  • Receive Date: 14 May 2023
  • Revise Date: 20 June 2023
  • Accept Date: 08 July 2023

Share

How to cite

Statistics