Duty of obedience as a limitation on the exercise by the public official of his/her right to belong to political parties - A Comparative Study

• Main Authors: Hassan Mohamed Ali Hassan Al Banan, Hassan Talal Al-Jalili
• Format: Article
• Language: Arabic
• Published: University of Mosul College of Law 2018-12-01
• Series: الرافدین للحقوق
• Online Access: https://alaw.mosuljournals.com/article_160767_4a437f43baad96c17ddedd73119393cf.pdf
• ISSN: 1819-1746; 2664-2778

The duty of obedience is one of the most important obligations undertaken by the employee from the moment of joining the administrative body. It is the real guarantee of the functioning of public facilities regularly and steadily, and also imposes on the public employee through the duty of obedience to follow orders and prohibitions issued by the administrative president even if it is contrary to his political views , The right of the public employee to join the political parties is one the rights that has been provided by the majority of constitutions for all individuals in general and for employees in particular. Most countries, especially the comparators, have tended to regulate these rights in certain legal rules in order to ensure that the employee expresses his political opinion  And the exercise of his right to join the political parties. Therefore, the political views of the employee and the exercise of his political rights may interfuse with commitment to the duty of obedience. Some jurists refer to the duty of obedience as one of the restrictions on the exercise of political rights by the public employee , especially his right to belong to political parties. Coordination between the exercise of political rights on the one hand and commitment to the duty of obedience on the other hand might be made to public employee identifying on the basis of the duty of obedience, as well as to stand on the limits of duty of obedience.