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نظرية المرفق العام في تحديد نطاق القانون الإداري: المؤسسات العامة نموذجاً

المؤلف الرئيسي: العيادة، مأمون هالي حامد (مؤلف)
مؤلفين آخرين: العرمان، عبدالرحمن سعد (مشرف)
التاريخ الميلادي: 2016
موقع: جرش
الصفحات: 1 - 112
رقم MD: 820419
نوع المحتوى: رسائل جامعية
اللغة: العربية
الدرجة العلمية: رسالة ماجستير
الجامعة: جامعة جرش
الكلية: كلية الحقوق
الدولة: الاردن
قواعد المعلومات: Dissertations
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المستخلص: I spoke in my search for a public utility in determining the scope of administrative law make this theoretical basis in the formation and construction of administrative law. There is an introductory chapter in which I spoke about the emergence of administrative law and explained the basic standards in the administrative law. Under the title of " Basis of administrative law " I have discussed the most important criteria that have been presented for the limitation of the administrative law, I discussed the type of public utility in 4 different subsections as follows: a. public utility and the nature of their activities. b. public utility and the way of their management. c. public utility and the nature of its legal character. d. public utility and the authority of management in its creation. I discussed the ways of public utility management also four smaller subsections as follows: a. administrative manner or direct exploitation. b. public utility manner. c. preference manner. d. indirect exploitation manner or mixed economy. and I discussed the legal organization of public utility and I explained the general principles regulating and controlling public utility. and explained the legal system of public institutions in the kingdom of Jordan. Last but not least, the conclusion in which I have some results and fact I has been mentioned in the last research. At the end of this research is clear to us that there are many jurisprudential theories put forward in order to determine the scope of administrative law and the creation of a specific standard due to it in determining the scope and thus the jurisdiction of the administrative court, and the most prominent theories administrative jurisprudence in this area of public power theory and the theory of public utility has been recognized supporters of both the existence of two components: a public utility, public power, but the core of their dispute revolves around the basis of public authority and legitimacy. Hence, I believe that the public utility is the only real basis for determining the scope of administrative law as the rest of the criteria put forward as an alternative to this theory have failed to interpret the theories and principles of administrative law, while we find that all the theories, principles and rules invented by the French administrative law, which consists of a total of Administrative Law bounce to single out a public utility idea. Public utility theory is still reliable administrative justice even in the latest rulings despite what has happened in this theory of criticism that nearly toppled her and in spite of how the element of public power from the important element of the standard public utility, but the power just the way too, a public utility. The aim higher and higher in the balance of the values of the means, because the means always harnessed to serve the goal should not be to provide them, or outweighed, that power is considered a public utility. Finally I really hope that I had give this subject my utmost, care always aiming for the best in all the explanation I have carefully presented in my thesis, keeping in mind that imperfection and mistakes are but human nature.

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