نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق عمومی،دانشکده حقوق و علوم سیاسی دانشگاه شیراز
2 دانشکده حقوق و علوم سیاسی دانشگاه شیراز
3 دانشکده حقوق و علوم سیاسی شیراز دانشگاه شیراز
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The relationship between "commanding" and "commanding" in administrative sciences and law is known as the term "principle of hierarchy" to be one of the essentials of establishing administration and ensuring administrative order. Despite all this, the assumption of the employee's constant duty to obey and submit to the administration has disadvantages and also prevents the spread of the discourse culture in the administration, accountability and strengthening of collaborative opportunities.
In this article, in order to study the concept of " resistance" and "disobedience" in the field of administrative law, the possibility of an employee's disobedience in the face of orders that seem to be contrary to the law, Sharia and fundamental principles has been investigated. In most of the sources that have dealt with the category of "illegal command", they have often focused and stopped on Articles 96 of the Civil Service Management Law and 158 and 159 of the Islamic Penal Code. The purpose of this article is to take a different attitude at the mentioned articles and present a basic analysis, to observe the issue of "resistance of the agent and the order of the agent" in other legal articles, especially Article 91 of the Public Accounts Law, and consider its reflection in foreign law.
کلیدواژه‌ها [English]
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