نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیات علمی گروه حقوق دانشگاه آزاد اسلامی واحد شیراز ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract
Objection of the administrative justice conception does not occur independently of the minds of percepts; therefore, this is the objectivity of a cognitive product which enables the object of the identifier to be in conjunction with its subject and is studied in the contractual context. A review of the administrative justice theory in the contractual context, based on institutionalized methodology, is similar to John Rawls, theory of justice, requires the consideration of three components of public interest, right and need as the aspects of administrative justice in the administrative law system. The public interest is a two-dimensional concept; the first aspect concerns the actions and decisions of a kind of government and public authority which often made through the regulation and statute of law. The second one is judicial review on such acts which are the supervisions of administrative courts on the interest of government and individual benefits. Therefore, the conflict between individual benefits and public interests in this aspect of administrative justice is more prominent. The concept of administrative justice on the right is determined in formal and substance dimensions. Administrative procedure and procedural code are the means of guaranteeing the right to respect the formal right. Obtaining case decisions, as well as investigating public’s claims to the actions and decisions of the authorities, are fundamentally the types of formal right. The third dimension of administrative justice is needed that appears in the right-claim and legitimate expectations in the legal system.
کلیدواژهها [English]
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