ضمان ممارسة الحريات العامة إزاء سلطة الضبط الإداري في السودان

الملخص EN

The study addressed ensuring the exercise of public freedoms over the administrative control authority in Sudan compared to Islamic law.

The problem of the study was a clash between the exercise of public freedoms and the exercise of administrative control in the context of its efforts to protect public order, which seeks to harmonize this from a scientific point of view.

The importance of the study was raised through the extent of the tension and attraction to which the exercise of public freedoms is subjected to the authority of administrative control, which claims that if it suppresses freedoms, the need to maintain public order even under normal circumstances, in addition to this study, it works on how to reconcile the exercise of public freedoms with the maintenance of public order, which is the goal of the administrative control authority, and that this study comes with a new one that has not been addressed by previous studies, which is to address its problem through Islamic law, which is the first legislative source of the legal system in Sudan.

The study aimed to clarify the contradictions between the exercise of public freedoms and administrative control authorities in an effort to protect public order from external threats, in addition to knowing what aspects of legislative shortcomings that have led to the conflicting of public freedoms vis-à-vis the control authority.

The study followed the descriptive analytical approach.

The study reached many results the most important of were there the conflicting of the exercise of public freedoms with the control authority in Sudan is due to the failure to harmonize the normal legislation for the exercise of public freedoms in addition to the weakness of the control authorities in terms of legal awareness.

It is not for the authority of the control to go beyond its limits to impose the rules of belief and politeness for the people to enter paradise by force and thus take the powers of the Islamic legislation and to go beyond the absolute good ness of the activity of the authority does not mean that it should be understood from its impact on the behavior of the individuals in the group.

The study have recommended; the Sudanese legislator must remove legislative barriers to remove the conflict between the exercise of public freedoms and the exercise of administrative control powers to protect public order, in addition to the need for administrative control bodies to qualify their cadres by making them able to absorb their limits on the exercise of public freedoms.