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:: Volume 6, Issue 18 (6-2019) ::
حقوق اداری 2019, 6(18): 219-241 Back to browse issues page
Criteria of Judicial Control on Discretionary Powers In Iran, France, and Germany Law
Abstract:   (310 Views)
Judicial control of discretionary Power in administrative law applying in  minimum Scale. this does not mean a lack of any  judicial control  on these powers. usually in the process of controlling such powers, courts in different legal systems  have of a number of principles and criteria for assessing the legality of the decisions that had been taken in the framework of their jurisdiction. the most important examples of the criteria is proportionality, equality, bias rule, good faith, transparency, stating the reasons and act upon policy. In this paper, we study with a comparative approach judicial control on discretionary powers in in Iran, France, and Germany law. The basic assumption of this article is based on the belief that while the judicial control of discretionary powers faced with problems. but the criteria mentioned can be help the  administrative judges to  assess the legality of administrative acts.
Keywords: Discretionary Power, Judicial control Proportionality, equality, good faith, Iranian law, German law, French law
     
Type of Study: Research | Subject: Special
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Criteria of Judicial Control on Discretionary Powers In Iran, France, and Germany Law. حقوق اداری. 2019; 6 (18) :219-241
URL: http://qjal.smtc.ac.ir/article-1-383-en.html


Volume 6, Issue 18 (6-2019) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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