Feasibility of Review on Administrative Authority Error in Iran Administrative Law According to Jurisprudence and the Iranian Legal System

Type : Research Article

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Abstract

Error is a mistake in recognition and belief despite the fact, while there is strong belief or suspicion, and is synonymous with implicit ignorance. In administrative authority error, a person, in action, imagines himself qualified and, with the belief that he is acting within the authority granted to him, proceeds to act. Error may occur in the subject or in the implementation of the case with the rule as a whole, or in the existence of the rule, understanding its meaning, and interpretation of the sentence, which are named error of fact, adaptation, and law. In error of law, based on the general rule, ignorance of the law does not exempt one from liability, but because this rule is against fairness, some lawyers distinguish between ignorance with negligence and fault. However, the lack of knowledge of the laws and regulations regarding administrative authority or its scope is assumed to be the official’s fault, and he will be responsible for his error; lack of responsibility requires proving negligence by the administrative authority. But in fact and adaptation error, there is certitude or valid suspicion that is valid in principle, so the person does not have any responsibility. Review of administrative authority error can be achieved through hierarchical supervision and monitoring by the Court of Administrative Justice and through enforcement guarantees.

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  • Received: 04 July 2016
  • Revise: 05 August 2016
  • Accepted: 10 September 2016

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