سلطات الضبط الإداري في حالة السلامة الوطنية في التشريع البحريني
| Author | بحر، اسامة محمد مبارك | |
|---|---|---|
| metadata.dc.contributor.department | University of Bahrain, College of Law, Department of Public Law | |
| metadata.dc.date.accessioned | 2026-09-20T15:48:27Z | |
| Publication date | 2013 | |
| Degree level | Master | |
| Abstract | Abstract : This thesis (Administrative Control Authorities during the Case of National Safety in the Bahraini Legislations) deals with a multidimensional topic. Primarily, administrative control aims at protecting public order. However, jurists have not agreed upon a standard definition for 'Public Order'; although they have agreed upon its elements, which are: public security, health, and peace. To maintain public order, the law commissioned the competent administrative control authority to issue certain administrative decisions called 'Administrative Control Measures'. However, the community is not always in a state of prosperity and stability. There will always be some crisis or disaster that negatively affects the community and its members. And for legitimacy to remain the basis of a law state, the constitutional legislator of most countries, the regional and international conventions of human rights were keen on including provisions that allow the executive powers to take instant measures to protect the entity of the state during the exceptional cases defined by the law. These critical periods are called 'States of Emergency' (Law Derogation States) like the state of war, siege, martial law, national security, or any other titles showing the application of the 'exceptional case' theory The 1973 Constitution of Bahrain, like other constitutions, allowed this situation and called it 'Martial Law,' like all other GCC states. A law was issued to regulate this state and was amended in 2002 to create another state called 'National Safety.' This amendment allowed the Kingdom of Bahrain to have two separate applications of the exceptional case theory: martial law and national safety, which has milder measures than the former. The jurisprudent distinguished military marital law, which is applied in war cases, from political marital law, which is applied in other emergency cases. Thus, national safety becomes a case of political marital law with application controls, declaration terms, and very clear provisions to distinguish it from military marital law. It also has measures to allow enforcement entity to choose to apply the temporary laws fully or partially according to the requirements of restoring order in society. In order to outline the limits of administrative control authorities during the case of national security, it was the duty of the judiciary to take the role of supervisor in observing the measures and actions taken, starting from those taken by the national safety courts under the surveillance of the Court of Cassation to all other procedures during the evidence collection period, the preliminary investigation, and the trial. It should also observe the Administrative Judiciary, the constitutionality of the laws and decisions issued during or on a national safety case. There is no doubt that political control forms a quickly successful safety valve during a case of national security. It is also recommended that the houses of parliament play a better role in this case. Outstandingly, Bahrain showed an unprecedented example of the political supervisory role when the king himself asked for an independent commission for fact-finding investigation with international standards. This commission's report was put to criticism and evaluation in this thesis, leaving the door open to other researchers to complete what was started here | |
| metadata.dc.identifier.other | Drupal node 3635 | |
| metadata.dc.identifier.other | https://digitalrepository.uob.edu.bh/en/dar/sltat-aldbt-aladary-fy-halt-alslamt-alwtnyt-fy-altshry-albhryny | |
| metadata.dc.identifier.uri | http://165.227.56.122/handle/123456789/6725 | |
| Language | ar | |
| Link | https://digitalrepository.uob.edu.bh/en/_flysystem/fedora/2025-06/00773_sltat_aldbt_aladary_fy_halt_alslamt_alwtnyt_fy_altshry_albhryny.pdf | |
| Subject | الضبط الإداري--البحرين--رسائل جامعية | |
| Subject | قانون الطوارئ--البحرين--رسائل جامعية | |
| Subject | Bahrain -- Officials and employees -- Suspension -- Dissertations | |
| Subject | War and emergency legislation -- Bahrain -- Dissertations | |
| Title | سلطات الضبط الإداري في حالة السلامة الوطنية في التشريع البحريني | |
| Type | Master's Thesis | |
| College | College of Law | |
| Department | Public Law |
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