Volume 26, Issue 96 (winter 2021)
__Judicial Law Views __2012__, 26(__59__): __224188 |
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Afshari F, Nejabatkhah M. comparative comparision on Applying judicial remedies methods on the error of the administrative office. دیدگاههای حقوقی 2021; 26 (96) :155-188
URL: http://jlviews2.ujsas.ac.ir/article-1-1657-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1657-en.html
1- , mehr.solh399@yahoo.com
Abstract: (771 Views)
Error is the instance of illegality, although there is a strong belief in the validity of the act, the judicial review of it can be accompanied by enforcement and judicial remedies. The court, in addition to the Certiorari in the error of law cases in the verdict, can replace the true decision. The prohibitory order can only be made after the decision has been made by the public authority in order to prevent its execution. The mandatory order is best when public officials, as a result of inaccurate interpretation of their legal jurisdiction, disqualify them from exercising their jurisdiction, requiring their judicial authority to enforce or refuse to enforce legal jurisdiction or to re-examine it. The injunction for preventing a public official Use of the action in an illegal manner or out of the scope of his authority or obligation to perform his duty. The judicial declaration is used to declare that a decision or action by an official is illegal and outside of the scope of the mandate, including the announcement of a forward-looking judicial statement indicating the correct meaning of the legal regulation, Preventing the receiver from making similar errors in the future. Compensation has been imposed on the General Court after the occurrence of the violation.
Keywords: Administrative official error, judicial review, Iran Administrative law, Judicial remedies, English law, French law.
Type of Study: Applicable Research |
Subject:
General Law
Received: 2019/06/19 | Revised: 2022/12/19 | Accepted: 2021/10/02 | Published: 2022/02/20 | ePublished: 2022/02/20
Received: 2019/06/19 | Revised: 2022/12/19 | Accepted: 2021/10/02 | Published: 2022/02/20 | ePublished: 2022/02/20
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