Jurisprudential-Legal Analysis of the Nature of Orders of Appointment of Governmental Managers and its Related Effects

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Saeedi d.; Kaykha m.r.

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Journal Paper

Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2019 | Volume:10 | Issue:18 Page(s): 201-225

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Title

Jurisprudential-Legal Analysis of the Nature of Orders of Appointment of Governmental Managers and its Related Effects

Author(s)

Saeedi d. | Kaykha m.r. | Issue Writer Certificate

Keywords

AppointmentQ1

DismissQ1

EmploymentQ1

AbdicationQ1

ContractQ1

Unilateral contractQ2

Abstract

Appointment does not refer to specific Employment laws; rather, it applies in more general rules, ranging from the power of a state to the Appointment of a judge to a part of the district. In the area of public law, especially constitutional and administrative law, this concept has been widely used without a clear and substantive definition. We can hardly claim the concept of Appointment has a history dating back to the formation of governments, though its original form has been lost. As governments change today, the question of what the legal nature of appointing executives, whether political or professional, is and what their effects are, remains unanswered. Administrative law books represent three views of the specific legal status, unilateral and Contractual basis of Appointment, namely Employment. This descriptive-analytical study shows that the first two perspectives as the basis of Appointment are in serious dispute. Also delegating administrative authority and system of affairs in the administrative hierarchy of the country in the form of legal representation in delegate power of attorney and even the hiring of individuals, despite some strategic analysis, is difficult. The results show that the Appointment is consistent with the concept of rule 'of pacta sunt servanda' as a binding Contract in the field of administrative law; therefore, effects of binding Contract according to principles such as supremacy of will of the state and providing public expediency is borne on it. One of the effects of this analysis according to the principle of presumption of irrevocability of Contracts is non-removal from erector; this is, of course, as long as the appointees are acting within the framework of defined management orders.

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APA: Copy

Saeedi, d., & Kaykha, m.r.. (2019). Jurisprudential-Legal Analysis of the Nature of Orders of Appointment of Governmental Managers and its Related Effects. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 10(18 ), 201-225. SID. https://sid.ir/paper/207122/en

Vancouver: Copy

Saeedi d., Kaykha m.r.. Jurisprudential-Legal Analysis of the Nature of Orders of Appointment of Governmental Managers and its Related Effects. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2019;10(18 ):201-225. Available from: https://sid.ir/paper/207122/en

IEEE: Copy

d. Saeedi, and m.r. Kaykha, “Jurisprudential-Legal Analysis of the Nature of Orders of Appointment of Governmental Managers and its Related Effects,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 10, no. 18 , pp. 201–225, 2019, [Online]. Available: https://sid.ir/paper/207122/en

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