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Information Journal Paper

Title

The Feasibility of Judicial review on the Administrative error of fact in Iran Administrative Law with a Comparative Approach to the Legal System of the United Kingdom and France

Pages

  377-405

Abstract

 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. 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, is reviewable. In Iranian law, due to the lack of recognition of 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 ofadministrative courts appearing on the basis of error.

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    APA: Copy

    AFSHARI, FATEMEH. (2022). The Feasibility of Judicial review on the Administrative error of fact in Iran Administrative Law with a Comparative Approach to the Legal System of the United Kingdom and France. REVUE DE RECHERCHE JURIDIQUE, 24(96 ), 377-405. SID. https://sid.ir/paper/1063610/en

    Vancouver: Copy

    AFSHARI FATEMEH. The Feasibility of Judicial review on the Administrative error of fact in Iran Administrative Law with a Comparative Approach to the Legal System of the United Kingdom and France. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2022;24(96 ):377-405. Available from: https://sid.ir/paper/1063610/en

    IEEE: Copy

    FATEMEH AFSHARI, “The Feasibility of Judicial review on the Administrative error of fact in Iran Administrative Law with a Comparative Approach to the Legal System of the United Kingdom and France,” REVUE DE RECHERCHE JURIDIQUE, vol. 24, no. 96 , pp. 377–405, 2022, [Online]. Available: https://sid.ir/paper/1063610/en

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