پژوهشنامه حقوق تطبیقی (Apr 2020)
the concept of administration and it's models
Abstract
Accurate understanding of the concept of "administration" is not limited to specific theoretical dimensions and includes important works and effects in the field of governance. The dependency of defining an administrative contract and determining the legal regime governing it by the "administration", the competence of the administrative judge, and the conduct of the administrative litigation to be defender administration and its centrality in distinguishing the legal regime of civil liability of the State and finally the arena of authoritative privileges in the provision of public order and public services, Indicates the importance and necessity of such cognition.Constructive Elements of the concept of administration is concerned with the organizational element, the objective element, and the method and tool element. In the organizational dimension, the main focus is on the non-political level of the executive branch and its associates; in the objective dimension, the element of public interest is decisive and the focus of the method is on the case approach, and about the instrument is the tools of authority.In order to update and fully understand the concept of governance, different models of governance and the latest developments have been discussed and it has been shown that in different models and periods, despite the significant differences, management can still rely on its three existential elements: organization (non-political level of the executive branch and its associates), purpose (public interest), and method and tools (unilaterality and authority).
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