Application of the principle of proportionality in the procedure of the Court of Administrative Justice

Document Type : Original Article

Authors

1 PhD student in public law, Islamic Azad University, Semnan،IRAN.

2 Assistant professor of Law, Shahid Beheshti University, Tehran, IRAN.

3 Assistant professor of Law. Semnan Azad University, Semnan, IRAN

Abstract

An act or decision that results in a restriction of an individual right can be considered proportionate if a person pursues a legitimate aim and uses a logically coherent tool that entails the lowest cost.

Therefore, the proportionality test is based on the cost-benefit analysis. The proportionality principle is a structural and methodological tool as well as an intelligent procedure for reviewing the actions of public authorities. One objective of the Administrative Court of Justice could be to ensure that the actions of officials and institutions are proportionate by directing them toward the legislative goals and preventing departments, organizations, and their employees from violating the law or using disproportionate measures. The principle of proportionality can help achieve this goal. However, the examination of the noted institution's approach does not reveal any systematic and structured implementation of the above-mentioned principle. In some cases, an implicit respect for the principle of proportionality can be observed, although the opinion in accordance with the above principle is not cited.

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Legal Research
Volume 27, Issue 1 - Serial Number 105
September 2024
Pages 123-140

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History

  • Receive Date: 03 March 2024
  • Revise Date: 01 September 2024
  • Accept Date: 07 May 2024

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