The role of selective competence in managing administrative affairs

Document Type : Original Article

Authors

1 PhD Student, Department of Public Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

2 Associate Professor of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

selective competence is the legal status under which an administrative authority can select the most appropriate of the legally acceptable options. Deviation from the limits of discretionary powers and their abuse occurs when the decision taken is not a legally acceptable option and is not justified by the available evidence or is contrary to the principle of competence, because one of the requirements of competence as a limited concept Is to prevent the withdrawal of competence and abuse of authority resulting from it.In some cases, the executive branch sets government regulations.This regulation, which is in line with the better implementation of laws and good administration of affairs, can also restrict the rights and freedoms of citizens.The principle of the hierarchy of norms requires that the approvals of the executive branch follow the supreme norms, namely Sharia, the constitution and ordinary law.Article 138 of the Constitution recognizes the right of the executive to make governmental regulations.The executive branch has the right to enact government regulations to enforce laws and determine their details due to the existence of various specialized and technical organizations, having specialized and experienced people and more communication with the people. These regulations should not be within the competence of the legislature, should not contradict the supreme norms, and should be enacted by the competent authority.

Keywords

Political Sociology of Iran
Volume 5, Issue 4
August 2022
Pages 339-354

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