الملخص الإنجليزي
The countries have recognized the great impact of the public office on the regular
operation of Public Utilities. In order to make this regime is successful in achieving
its desired goals which would lead to the advantage of the public and the public
interest, the legislator is required to balance between protecting the right to hold public
office and the public Interest.
Based on aforementioned, the administration is obliged to respect a number of
general principles in all its commitments and actions. On top of that comes the
principle of justice, since it is considered the gauge of organizing and the basis of
laws. Therefore, the legislator is indebted to adhere to the established controls and
rules in regulating the procedures and conditions of holding public office. Otherwise,
the legislation is deemed to be repealed because it will be unconstitutional.
The importance of this study comes from its focus on a high human value
principle, the scarcity of previous studies dealing with this type of principles in the
Sultanate of Oman , and the absence of a comprehensive and profound analysis of
the Omani civil service law texts, as the general legislation of the public job, in addition
to the relevant texts in this regard. This study provides suggestions to the Omani
legislator to complete the justice system in the field of Public Service in a manner that
responds to the directions of the constitutional legislator. This will be achieved
طthrough analyzing the legal rules governing public service in the Sultanate of Oman,
and determining its adequacy in achieving the objectives of the constitutional
enshrinement of the principle of justice.
The methodology of this study adopted the descriptive, analytical and comparative
approach, which is based on the analysis of legal texts and the opinions of jurists with
a set of comparisons between the legislative texts regulating and organizing public
jobs in the Omani employment laws and regulations. And, the comparative law to the
extent that it helps to highlight the notion of functional justice, in order to compare
them to identify the areas of agreement or disagreement.
