Abuse of Power and Its Constituent Elements in Two Legal Systems of Iran and England

Document Type : Academicm and Research

Authors

Graduated from Allameh Tabatabai University in Public law, Tehran, Iran.

Abstract

The concept of abuse of power has a rich history in Iran's legal system. It has been discussed in jurisprudential texts and has been explicitly and implicitly mentioned numerous 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 strives to frame and identify this concept as effectively as possible in its judicial procedures. In Iran's legal system, the concept of abuse of power is not explained with appropriate standards, and in some cases, only the rule of law criterion is applied. In contrast, in the English common law system, non-political rules and legal principles such as non-violation of the law and fairness are highly significant and are regularly applied. This article seeks to answer the following questions: What is the understanding of the concept of abuse of power in the two legal systems of Iran and England? And how can the provided standards and criteria be used to identify and objectify the concept of abuse of power? The analysis and comparisons in this article highlight the framework established for presenting specific definitions and procedural criteria in common law, which has been overlooked in the Iranian legal system.

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