The application of the Principle of Proportionality in Public Law, Tool and Review Measure for Preventing and Controlling Administrative Corruption

Esfahani, Babak; Nyavarani, Saber

doi:10.61186/qjal.10.33.9

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Volume 10, Issue 33 (3-2023)

qjal 2023, 10(33): 9-33

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The application of the Principle of Proportionality in Public Law, Tool and Review Measure for Preventing and Controlling Administrative Corruption

Babak Esfahani

, Saber Nyavarani ^*

Abstract: (1602 Views)

The emergence and progression of corruption is one of the most important examples of inefficiency in administrative system. Combating corruption requires many tools, precision and tact, so it is only possible to strength health of administrative system, promote rules qualitatively and performance of controller organizations and fight against corruption progress through creating proportionality among general policies of state's administrative system and relevant rules, coordinating performance of supervisory bodies with regulatory norms, controlling and review rules, and finally strengthening people's position in the process of control and review system. The application of general principle of law as a tool to prevent corruption in its various external forms of manifestation and significant improvement of administrative system's efficiency are important in seeking optimal and effective methods in order to improve framework of legislative, executive and review mechanisms. The principle of proportionality as a principle bearing structure and as one of the modern principles in law attempts to guarantee that individuals' freedom, as a public right of citizens against the government, will prevent corruption and abuse in public power and discretionary power by state and governmental authorities in order to proper conduct of community. The research concentrating on the application of the principle of proportionality as an efficient tool for encountering administrative corruption. This is a descriptive-analytical research gathering data and information using library research method. This research attempts not only clarify concept of the principle of proportionality, as a supervisory efficient tool to encounter corruption, but also probe the application of it in legislative, executive and review mechanisms in order to create anti-corruption restrictions.

Keywords: The Principle of Proportionality, Administrative Corruption, Anti-Corruption Restrictions, Discretionary Power, Supervisory, Situational Prevention

Type of Study: Research | Subject: Special

References

1. Andreescu, M., (2011), "Principle of proportionality, Criterion of Legitimacy in the Public Law", lex ET Scientia. Juridical series, Vol.1.

2. - Clark, Micheal, (1983), Corruption, Causes Consequences and Control, Newyork, st. Martine’s Press.

3. - Dahl, Robert, (1999), A Preface of Democratic Theory, 350Main Street, Malden, MA 02148, University of Chicago Press, USA.

4. - Hartmut Maurer, (1995), Droit administratif allemard traduction, Michel Fromont,Paris, LGDJ.

5. - Lu (Xiaobo), (2000), Cadres and Corruption, California, Stanford University Press.

6. - Mayer, Otto, (1925), Detuaches Verwaltungsrecht.

7. - Murshed, M.; Mredula, F.A. 2018, Impacts of Corruption on Sustainable Development: A Simultaneous Equations Model Estimation Approach. J. Account. Financ. Econ.

8. - Nye, J.S. (1997), "Corruption and Political Development: A Cost Benefit Analysis", American Political Science Review.

9. - P. singh, M., (2001), German Administrative Law in Common Law Perspective, Springer.

10. -‌ Poto, M., 2007, "The Principle of Proportionality in Comparative Perspective" German Law Jornal, Vol.8, No.9.

11. - Sampford, Charles and else, (2007), Measuring Corruption, P. Ashgate.

12. - Shahi, MP, (2000), Crime and Corruption, Authors Press Under the austices of Crime Against man.

13. - Stojanovi´c, I.; Ateljevi´c, J.; Stevi´c, R.S. (2016), Good Governance as a Tool of Sustainable Development. Eur. J. Sustain. Dev.

14. - Takahashi, Y.,(1999), "Proportionality - a German Approach", AMICUS CURIAE, Journal of the Society for Advanced Legal Studies, Issue, 19.

15. -Transparency International. Corruption Perception Index. (2019), Available online: https://www.transparency.org/ (accessed on 20 February 2019).

16. - Word Bank, (1997), Helping Countries Combat Corruption.

17. - World Bank. World Development Indicators; The World Bank: Washington, DC, USA, (2019); Available online:

18. https://openknowledge.worldbank.org (accessed on 10 August 2019).

19. - World Bank Group. World Bank report ‘Country and Lending Groups’ Report. (2015). Available online: https://www.worldbank.org/ (accessed on 10 February 2019).

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Esfahani B, Nyavarani S. The application of the Principle of Proportionality in Public Law, Tool and Review Measure for Preventing and Controlling Administrative Corruption. qjal 2023; 10 (33) :9-33
URL: http://qjal.smtc.ac.ir/article-1-1103-en.html

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