The Curvatures of the Legitimacy Principle in Light of the Discretionary Authority of Administration, the Exceptional Conditions and Works of Sovereignty: An Analytical Study

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Al-Wahashat, Ziad Mohammed, Al-Shabatat, Mohammed Ali Saal

Abstract

This study aimed at shedding light on the curvatures of the legitimacy principle under which the state is subdued to the law, and that is only achieved by subduing rulers and subjects alike to verdicts of the law. This is also done by bounding the public authorities in the state— including the legislative, executive and judicial— and all their actions by law and its provisions, where the legitimacy principle guarantees the real protection of individuals in confronting administration in case their rights and freedoms have been infringed This is due to the administrative obligation to abide by the provisions of the law in order to ensure adequate protection of the rights and freedoms of individuals.

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