THE ROLE OF ADMINISTRATIVE LICENSE IN REGULATING THE PRACTICE OF PUBLIC FREEDOMS: A COMPARATIVE STUDY
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Abstract
An administration exercises its authority by making a variety of administrative decisions, such as administrative licensing decisions, which are considered a legal action, whereby public order is maintained and laws are enforced. These proceedings and decisions affect individuals’ public freedoms by restricting and regulating them according to certain legal controls and conditions. The expansion of the principles of democracy and the rivalry among nations forced their political regimes to take these principles into consideration when drafting and enacting laws. One of the means of regulating these rights is the administrative licenses represented by administrative decisions issued by ad hoc administrative bodies of a special nature and of multiple qualities. The non-binding executive capacity and the temporary capacity that give the administration the authority to monitor it even after issuing the administrative license decision are among the most important of these qualities. Despite affecting the public freedoms and the principles of democracy by the administrative licensing decisions, these decisions have positive effects on freedoms as well as elements of public order through its role in achieving a balance between them. Individuals are considered free with regard to exercising their freedoms and activities according to the provisions of the constitutions and laws, provided that individuals commit themselves when exercising these freedoms not to harm public order in society. The legislator always acknowledges the administration to play the mediating role among the law and individuals when exercising their rights, freedoms and activities, whether profitable or not. He also grants them the practice of administrative control in order to maintain public order in its various elements and to protect society from harm in all aspects of life. Individuals are unable to engage in some activities without a license, and they are only permitted to do so after receiving a license or prior approval from the appropriate authorities. Therefore, licensing can be considered the most effective means of administration in controlling the activity of individuals and their freedoms.
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