Legal Research Quarterly

Legal Research Quarterly

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

Document Type : Original Article

Authors
vahid bayatmokhtari 1
mohamad jalali 2
mohsen taheri 3
1 PhD student,Department of Law,Semnan, Islamic Azad University, Semnan،IRAN.
2 Assistant professor of Law, Shahid Beheshti University, Tehran, IRAN.
3 Assistant professor of Law.,Department of Law,Semnan, Islamic Azad University, Semnan،IRAN.
10.48308/jlr.2024.234856.2684
Abstract
An act or a decision that results in restriction of an individual right can be considered proportionate if it pursues a legitimate aim and is logically related to it and uses a coherent tool that entails the lowest cost. Therefore, the proportionality test is based on the cost-benefit analysis. The proportionality principle is a structure and methodological tool as well as an intelligent procedure for reviewing the actions of public authorities. One of the Administrative Court of Justice objectives is to ensure the officials and institutions actions proportionality by directing them toward the legislative goals and preventing organizations, departments and their staffs from violating the law or using disproportionate measures. The principle of proportionality can help to achieve this goal. However, the examination of the aforesaid 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 concept can be observed, although the opinion in accordance with the above principle is not cited.
Keywords
right
freedom
public interest
principle of proportionality
Administrative Court of Justice
Subjects

  1.  

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