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Administrative Official’s Error and Abuses of Power
in the Judicial Review of the Legal Systems of England, France and Iran.
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Abstract: (1767 Views) |
| Administrative official’s abuse of power and error are types of illegality as one of the causes of judicial review in the legal systems of England, France and Iran, that in which an official, despite the legal power and action within its jurisdiction and in accordance with the appearance of the law, but he breaks the law within his jurisdiction; therefore, the content of the decision, its motive and purpose must be examined. The important issue in this research is that, given the unitary basis of these two concepts in judicial review, how can a judicial reviewer makes difference between these two concepts in the context of judicial review. It seems to distinguish between these two concepts through judicial review, it is necessary to consider the definitions of these concepts; in this research by descriptive –analytical review method and comparative study, these two concepts were studied in the legal systems of England, France and Iran and in conclusion the difference between the two concepts in judicial review are resulted from conceptual differences; in this way that one of the essential elements in the abuse of power is the failure to fulfill the intended purpose of the legislator, despite the knowledge of the goal of the legislator and the deliberate failure to implement it; Now, what is its purpose and motive for providing personal interests such as private gain, third party benefit ,or for personal retaliation or for the purpose of generating public benefit, but in error, the administrative official exercises this power in a non-purposeful manner, against the legislator intend, and believes that a strong suspicion of the correctness of his actions and the correctness of his imagination |
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| Keywords: error, abuse of power, administrative official, judicial review, administrative law |
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Type of Study: Research |
Subject:
Special
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