Document Type : Academicm and Research
Authors
1 Public Law, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran
2 Associate Professor Faculty of law and political sciences Allameh tabatabai University Tehran
Abstract
The concept of abuse of power has rich history in Iran's law system it has been used in jurisprudence texts and it has been explicitly and implicitly mentioned many times in civil law texts.However this concept has not found a proper place in Iran's administrative law, unlike the English legal system which tries to frame and identify this concept as best as possible in their legal procedures.in the legal system of our country the concept of abuse of power never explained by appropriate standards and only in some cases rule of law criterions applied but in common law legal system non political rules and legal principles such as non_violation of law and fairness has great significant and been used regularly.
The purpose of this article contains answers to the following questions: what is the understanding of the concept abuse of power in the two legal system of Iran and England and, how can we use the given standards and criteria to identify and objectify the concept of abuse of power the reviews and adaptations used in this article shows the framework created in presenting the specific definitions and criteria of proceedings in common law which has been neglected on our legal system.
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