Exercising Judicial Control over the Legality of Administrative Police’ s decisions in France

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JALALI MOHAMMAD; Kamyab Meisa

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Journal Paper

Paper Information

Journal: JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH Year:2020 | Volume:2 | Issue:4 Page(s): 107-134

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Information Journal Paper

Title

Exercising Judicial Control over the Legality of Administrative Police’ s decisions in France

Author(s)

JALALI MOHAMMAD | Kamyab Meisa | Issue Writer Certificate

Keywords

Administrative police

Judicial control

Public order

proportionality

French Council of State

Abstract

Administrative police as a concept for maintaining Public order was born in French law to secure public security, public health, public tranquility and human dignity. Considering it as a guarantee for rights and freedoms and hence the internal peace in the society would be no exaggeration. It is of great importance to exert Judicial control over Administrative police’ s actions and decisions. The importance is more obvious hereon due to its administrative responsibility and narrowing the scope of rights and freedoms while exercising police authority. Studying the verdicts of French Council of State (Conseil d’ É tat ) and content analysis both reveal that incompetence (subjective, territorial and temporal), non-adherence to administrative procedures or violating defense rights are some reasons that may cause the annulation of decisions. proportionality as a well-shaped principle provides proper criteria for evaluating legality by deliberating the existence of potential threat for Public order and the necessity of decisions.

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APA: Copy

JALALI, MOHAMMAD, & Kamyab, Meisa. (2020). Exercising Judicial Control over the Legality of Administrative Police’ s decisions in France. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, 2(4 ), 107-134. SID. https://sid.ir/paper/413928/en

Vancouver: Copy

JALALI MOHAMMAD, Kamyab Meisa. Exercising Judicial Control over the Legality of Administrative Police’ s decisions in France. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH[Internet]. 2020;2(4 ):107-134. Available from: https://sid.ir/paper/413928/en

IEEE: Copy

MOHAMMAD JALALI, and Meisa Kamyab, “Exercising Judicial Control over the Legality of Administrative Police’ s decisions in France,” JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, vol. 2, no. 4 , pp. 107–134, 2020, [Online]. Available: https://sid.ir/paper/413928/en

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