نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق عامه پژوهشگاه قوه قضایی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The error of the administrative authority is one of the causes of the judicial review under the heading of "illegality"and also in the circle of the concept of "ultravires".One kind of errors is error of fact,which means that the official has been mistaken in identifying the issue of compliance with legal grounds.Under UK law,courts are more involved in supervising cases because they believe that the court often has expertise to identify and They do not determine the status of the subject and only the jurisdictional error are reviewable.But in the new approach,if there is an“objective right answer”and an“manifest error of fact”is made,it is reviewable whether it is jurisdiction or non-jurisdiction error.
The error of the administrative authority is one of the causes of the judicial review under the heading of "illegality" and also in the circle of the concept of "ultra vires". One of the errors is the error of fact, which means that the official has been mistaken in identifying the issue of compliance with legal grounds. Under UK law, courts are more involved in supervising cases because they believe that the court often has the expertise to identify and they do not determine the status of the subject and only the jurisdictional error are reviewable. But in the new approach, if there is an “objective right answer” and a “manifest error of fact”, it is reviewable whether it is a jurisdictional or non-jurisdictional error. In the French legal system, all types of error of law, including mistakes in the material basis of the subject, compliance with the lawfulness of the law, and the lack of proportionality between the object of the decision and the issue, are reviewable. In the Iranian law, due to the lack of recognition of the error concept in administrative law of Iran and its definition in the laws, in the judicial review of the administrative court, there is no annulment of the resolution simply because of the error of the administrative office, and also the explicit decision based on the mistake of the administrative office among the votes there are no AJC Divisions. It seems likely that a thorough legal doctrine based on British and French law and jurisprudential texts would provide grounds for amending the law of the Court and the possibility of administrative courts appearing on the basis of error.
کلیدواژهها [English]
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