شرط الكفاءة في رئيس الدولة “دراسة مقارنة “

The condition of competence in the President of state " Comparative study "

The position of the head of state in any political system is one of the important positions because of the weight it represents and the consequential provisions it is, because it is the entity that has the highest executive authority in the leadership and management of the state, and the position of the head of state in every system and people is important; The position is subject to conditions, and these conditions differ from one system to another, and from those conditions is the condition of competence, and although many countries did not explicitly mention the condition of competence in their constitutions, now that it can be implicitly inferred by those conditions mentioned in those constitutions, or their laws related to terms of assumpti.
Efficiency is one of the topics that has given the attention of specialists, as it is the main pillar on which institutions depend in the conduct of human resources, and as a talent, that is, it is an important part of the ability to do business; And the knowledge that is allowed to be applied, when there is a specific task to be accomplished, or a solution to a new problem.
Knowing proficiency in a language with several definitions, and all of these definitions are no more than the meaning of which is the counterpart or equality and similarity and the ability to do something, and good disposition in it, and the last two meanings, i.e. ability and good behavior and we believe, is the most prominent and clearer concept of the meaning of competence.
As for the terminology, a lot of jurisprudence defined it as the ability to perform tasks and roles related to a job job that includes a set of cognitive skills, psychological, sensory and motor skills and a mixture of theoretical knowledge, practical and experience derived from professional practice, in a framework that allows observation, recognition and possible Evaluated and developed, and it differs from some similar terms in its pronunciation and meaning, such as sufficiency and merit.
Efficiency is built from certain foundations such as the constitutional, customary, and religious basis, and efficiency has two criteria that can be inferred from the definition of competence and they are the eligibility of all its elements (the right to act, reformality, attainment, and academic achievement) and fitness with all its characteristics (persistence in the matter, courage, strength, health and generosity), Likewise, any competence is essential, including the evaluation of performance and effectiveness, in addition to the good qualities, which the competent person must display, namely honesty, honesty and integrity.
All states stipulate in their constitutions or election laws in them a set of conditions for those who intend to run for the presidency of the state in them and many of those states agree on the condition of nationality, age and enjoyment of civil and political rights, which are general conditions that are included in the majority of the constitutions of the royal states and the republic, and differ in others such as a condition Academic certification, religious loyalty, and the masculinity condition are special conditions as they are not included in all constitutions.
There are philosophical considerations that will have a close relationship with the conditions for candidacy for the presidency of the state, in which the constitutional legislator takes into account the prevailing philosophy in the society of the state when it includes those conditions in the constitutional document, and on this basis the difference has become clear between the royal states and the republic and between the countries of the latter in relation to those conditions, There are almost unanimous consensus in Arab countries and some foreign countries that women should not assume the presidency of the state, due to religious and customary considerations, although many of the constitutions of these countries allow women this right.
Countries differed in stating the condition that the candidate for the presidency of the state does not commit an honor crime explicitly or implicitly or did not mention that in the first place or mention in other forms that indicates this meaning. Oversight of the actions of the head of state is simplified by a party of a political nature, called political oversight, also called popular oversight, and it is divided into two types: direct popular control and indirect popular control, and the latter is divided into parliamentary oversight and public opinion oversight, the latter in turn represented by party control Political and pressure groups, and political oversight also simplifies the condition of the head of state’s competence in its indirect form, represented by legislative assemblies and independent bodies in republican and monarchy systems, and oversight by the judiciary, represented in bodies with judicial powers such as the constitutional councils The latter is a preventive control that precedes the issuance of any legislative action to ensure its conformity with the constitution, and the legislator’s goal in multiplying and diversifying the supervision of the head of state is to maintain his good performance in the administration of the state and then control the condition of his competence on the basis of which he was elected