English abstract
Some legislations assigned the mission of infectious disease control to the administrative body to create a healthy and clean environment, as decent life can not be realized without controlling that kind of disease. However, the obligation of the administrative body to interfere shall balance between keeping public health and protecting rights and freedoms. Therefore, the subject of this study is related to solving the problem of the administrative body?s extent of obligation to control infectious diseases, as the study addresses the limited and discretionary power of administration in this regard, as well as the limits of that power in the exceptional and ordinary circumstances. The study also addresses the procedures taken by the administrative body to control these diseases, the constitutionality thereof, and the position of the Omani legislator thereof.
On this basis, the study investigated the obligation of the administrative body to control infectious diseases. Therefore, it was divided into three chapters. The introductory chapter addressed public health in terms of its definition, identifying the factors of its protection, and its protection within the international and local legislation including the concept of infectious disease. The first chapter focused on addressing the scope of the administrative body in terms of controlling infectious diseases. The research included the legal basis for this intervention, the competent authorities for controlling infectious diseases, and the measures to be taken in this regard. The second chapter addressed the limits of the administrative power in terms of controlling these diseases and the legal principles that govern that intervention. The study used the analytical and inductive approaches and concluded various results and recommendations.
