Overview
The Objective of this thesis is to find out to what extent the representative authority is exercising political control over public administration in the Sultanate of Oman, comparing it with the means of control allowed to the House of Representative in Jordan whenever necessary, and this, from the theoretical point of view, through an analysis of legislative texts in the bylaws of the Omani state consultative council and that of Jordanian Parliament, and the opinions and jurisprudential trends in this field in view of enriching the Omani experience in particular. This study is considered as the first of its kind in Omani Legislation in general and this subject draws on two important principles which are the necessity of the existence of an effective and operative means of control over the activities of public administration and the necessity of the smooth and continues running of these services so that we end up with a complete accord between these two principles. This dissertation contains three essential chapters preceded by an introductory chapter on consultation in Oman which goes back to the year 132 A. H. when Omanis elected their first Emam (Head of State) according to the principle of consultation which was followed by the Orthodox Caliphs, then we discussed in this chapter the organization and prerogatives of the previous state consultative council as well as those of the present council. The first chapter was devoted to the study of the nature of political control, its objectives and its relationships with other types of control (Judiciary, Administrative, and Public Opinion) and we cited the opinions of some scholars and explainers concerning this kind of control. Some of them consider it as an independent kind of control, distinct from political control, others think that it should make part of the political control as it emanates from electors, and we took the side of the first view considering public opinion control as an independent and distinct one, we concluded this Chapter by discussing the importance of political control and its objectives. In the second chapter, we discussed the means of political control over the work of public administration in Oman, such as questioning, discussion, suggestions, petitions presented by citizens and representative commissions of enquiries, comparing these means with their counterparts in Jordanian Legislation whenever there was a way of comparing them, and analysing the legal texts in both systems, the Oman and Jordanian are one together with the juristic trends and opinions and giving our opinion concerning both the texts and the views and trends in view of reaching efficient and influential means of control over the work of public administration in Omani jurisprudence in particular, taking into consideration the necessity of the smooth and continuous flow of work in public services to the benefit of public interest. As for the third and final chapter of this dissertation, we discussed the similar means of control in both countries subject of this study (Oman and Jordan). The comparative study brought about the fact that some of the means are very much alike in both Omani and Jordanian Legislation such as questioning, discussion, suggestion, petitions and commissions of inquiries and we pronounced our position in favor of either the Omani or the Jordanian Legislator whenever necessary. We also discussed the various means of control in two countries such as the questionnaire, and the control of development plans and also ministerial and political responsibility as one of the effects of political control which was not provided for by the Omani jurists and suggested its adoption in the Sultanate. On the other hand, the Jordanian jurisdiction does not provide members of parliament with the right to control long term development plans prepared by the government, and we recommended its adoption since it is one means of financial control over public administration. At the end of the chapter, we tried to evaluate the means of this political control on the work of public administration in the Sultanate of Oman, concluding with the inefficiency of the present means in the hands of the present state consultative council and in the light of what preceded made the following suggestions : 1. To educate citizens as to the importance of correct representative work by means of mass communication. 2. The necessity that a member of the state consultative council should be among those who experienced executive work in government organs or hold a university degree. 3. To work on giving Omani Council members a bigger amount of prerogatives and authority so that they can carry out their real control task over public administration. 4. To stir up among the electors and the candidates the feeling that they represent the nation in the practice of their legislative and control jobs. 5. To work rapidly on the creation of a constitutional organization that ensures the independence of each power from the other in such a way that this works in coherence with the sociopolitical and economic conditions of the state. We ended this study by a summary showing. that the State Consultative Council in Oman in no more than a Consultative Council that provides his Majesty the Sultan with advice in order to get to a real representative practice and effective means of control over the work of public administration, we listed as recommendations aiming at giving the council the prerogatives and the authority of representative council.
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