The role of general principles of law in controlling the idea of public order: An applied study on the Corona pandemic

Abstract

In light of the spread of the Corona pandemic since the end of last year until now, many countries have taken a number of strict decisions and restrictions to limit the spread of this deadly virus, which is fast-spreading, and easy to infect. The state of emergency was declared, and citizens' exercise of a number of basic freedoms was suspended, such as freedom of movement, restrictions on public and private meetings, suspension of work in courts, and the closure of places of worship. Precautionary actions and measures. The natural objective and justification for these measures was to preserve public order in one of its most vital elements, which is public health. Undoubtedly, no one disputes the importance of preserving public order and the public health of citizens, as it is one of the most important vital social interests. To ensure the security and stability of society and the citizen, and what increases the seriousness of the situation is the nature of the idea of ​​public order itself, as it is a general and broad idea, and it is difficult to define. Therefore, we find that the administrative control authorities have a wide margin of freedom in the matter of identifying cases of abuse. Therefore, the general principles of law come as objective restrictions to control the idea of ​​public order, and to narrow its scope. This is to establish a kind of balance between the requirements of maintaining public order on the one hand, and ensuring that public order is not abused as a means against the freedoms of individuals on the other hand.