الملخص الإنجليزي
This study aims to investigate the case of the public servant practicing political liberty that is considered as the most sensitive issue in the field of general liberties for the public servant. It represents the core of the conflict between the public servant and the government. This study will answer the following questions:
- What is the definition of the political liberty related to the public servant?
- Can the public servants have all the political rights and liberties with equivalent conditions and situations that are enjoyed by the regular citizen?
- What are the aspects of practice related to the public servants' political liberties?
- What are the restrictions.imposed on the practice of the public servants to those types of liberties?
This study has been divided into three chapters in order to answer the above research questions. The introductory chapter has focused on explaining the definition of the public servant from the point of view of the comparative legislations, the jurisprudence and administrative justice. Chapter one of this study has discussed the boundaries of the political liberty of the public servant. Chapter two of this study has highlighted the aspects of the political liberty of the public servant and the restrictions related to it.
The study has reached the following learning lessons and recommendations:
• The public servant -as a citizen- should have the right to practice freedom of opinion and political freedom that has been assured by the constitution, employment legislations, declaration rights and the law of Islam (Sharia). The necessarily intervention of the legislator to regulate the political liberty of the public servant by including clear provisions in the civil service laws in order to protect those liberties and prevent them against any violations or hindrance by the administration.
• There is a right for the public servant to positively contribute in the political life through freedom of opinions in relation to different public matters and problems, to vote in elections and referendums, the right to be nominated for parliaments and municipal councils, and to join political parties and groups in those countries that allow multiple political parties.
• To invalidate the political factors during appointment for public service and endorsing the usage of competitions and examinations as an approach for appointments.
• There are verities of restrictions that are imposed on the practice of the public servant for his political liberties and they differ in accordānce to the political, economic, social system of the country. These restrictions are derived from the job duties that any public servants is adhered to and they might be explicitly mentioned in the civil service laws or they can be derived from the nature of the job itself.
