The Extension of the Scope of Public Order in Administrative Law: From Traditional Elements to Modern Approaches

Abstract

This study examines the evolution of the concept of public order in administrative law, from its traditional elements of a material nature to its modern approaches of a moral and immaterial nature, based on jurisprudential, judicial and legislative analysis, with particular focus on the Algerian experience. The study concluded that the three traditional elements (public safety, public health, public tranquility) constituted the fundamental pillar of public order, but they are no longer sufficient to keep pace with societal development, which necessitated the extension of the concept to include modern approaches: moral (public morality and human dignity), economic (market regulation and competition protection), and aesthetic (preserving the beauty and splendor of cities). The judiciary, particularly the French Council of State, has played a prominent role in consolidating these approaches, as did the Algerian constitutional founder in the 2020 amendment. However, this extension has resulted in a significant expansion of the powers of administrative police authorities, necessitating the establishment of clear controls to protect these elements without undermining public freedoms. The study concludes with recommendations aimed at developing the legal framework for public order in Algeria.