حكومة تصريف الأعمال و حدود ممارستها لصلاحياتها

Abstract EN

The caretaker government is a transitional government imposed by the new political reality that necessitates an interim government that guarantees the continuity of public facilities and institutions.

The principle of the existence of a caretaker government is based on concordance between two principles: the principle of continuity of the state for the purpose of the continuation of public life، and this principle requires the survival of the government when it resigns or is considered resigned to the conduct of daily business even if it lost its legitimate governmental entity and the principle of parliamentary accountability of the government for its general policy.

The powers of this government are limited to the conduct of normal and urgent work، which is limited to the exercise of the necessary competencies to continue the performance of public facilities regularly and steadily and does not involve a political option so as to ensure that they do not depart from the specified scope in order to preserve the rule of legality، but these limited powers can expand in exceptional circumstances Protect the interests، internal and external security of the State and its international obligations.

The problem of research is research is the lack of an integrated legal system for the work of this of government in the presence of constitutional provisions referring to the caretaker government without specifying the scope of its work and thus the difficulty of limiting the work that comes within the powers of the caretaker government and the work that comes out of it The administration of the business has been left to all jurisdictions or there are exceptions to the practice of some of them، which is a constitutional gap that needs to be addressed.

The aim of the research is to identify the nature of the caretaker government by defining its concept and legal nature، and to identify the most important cases of the caretaker government، as well as the ordinary and special functions exercised by the government during the period of the business explaining the position of the administrative judiciary of the decisions of the caretaker government.