The constitutional basis for the intervention of the administrative control authority to protect public morals

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The administrative body shall be charged with the legal protection of society and the preservation of its entity from the various dangers and threats it faces and disturb the balance of its stability, and this function shall be exercised only through the legal texts enshrined by the legislator that are objective guarantees of the legitimacy of its intervention to exercise its function. Public morals are only a goal that the administration seeks to protect and preserve, as it is a central guarantee closely linked to rights and freedoms. Because of the deep rules they represent in various aspects of society, they receive great attention, because the human being is the target behind this activity to protect his dignity and moral considerations, as public morals are the soul and conscience of society, and violating them leads to clash with society and prejudice to its public order. Substantive guarantees are among the legal rules of public morals, It is not limited to a certain level without another, but we see it distributed at the level of the legal pyramid to hierarchy legal rules, from constitutional rules and ordinary legislation, and thus we see legislation in general refers to public morals as an essential basis that cannot be ignored or underestimated the importance of its position in a legislation, and therefore every activity or behavior that must proceed in its field,  The State, with its powers, must abide by them as legal rules governing its actions and actions, and therefore these guarantees are legal rules that are superior to all authority and individuals, as they embody the principle of the legitimacy of authority and the subordination of the State to the law, which is the basis on which the rule of law is based.

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