نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیآت علمی گروه حقوق جامعه المصطفی العالمیه
2 دانشجوی دکتری رشته حقوق عمومی،جامعه المصطفی، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This research examines the effectiveness of judicial review in limiting the discretionary powers of administrative bodies and preventing the abuse of public power in three countries: Iran, Iraq, and Egypt, relying on the principles of Imami jurisprudence. The main problem lies in the risk of these powers transforming into absolute power and the violation of citizens' rights in the absence of effective oversight. In this regard, the jurisprudential and legal texts of the aforementioned countries have been evaluated using descriptive-analytical, comparative, and Ijtihad-based methods.The findings indicate that in Imami jurisprudence, based on principles such as the principle of freedom, the presumption of innocence, the rule of Dar' (warding off punishments in cases of doubt), harmless oversight, and the prohibition of premature punishment, any deviation by state officials from the public interest is considered void and entails liability. In the realm of positive law, all three legal systems apply procedural oversight regarding formalities, as well as substantive oversight regarding the validity of reasons, objectives, proportionality, and fairness, over discretionary powers. Nevertheless, the comparative study proves that the Egyptian judicial system has acted in a much more advanced and stable manner in overseeing administrative discretion and observing the principle of proportionality, particularly concerning freedoms. In contrast, the Iranian legal system, despite its tripartite supervisory mechanism (Public Courts, Court of Administrative Justice, and the General Inspection Organization), faces thematic, spatial, and temporal limitations. The Iraqi legal system also requires the development of legal texts and the consolidation of judicial precedent. Finally, it is suggested that by relying on the capacities of Imami jurisprudence in curbing power and adopting the judicial achievements of Egypt as a model, the laws of Iran and Iraq should be strengthened to broaden the scope of judicial review over administrative discretion, the observance of fairness,
کلیدواژهها [English]