Feasibility of review on administrative authority error in Iran administrative law according to Jurisprudence and Iranian legal system

Document Type : Research Article

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Abstract

Error is mistake in recognition and belief despite the fact while there is
strong belief or suspicion and is synonym with implicate ignorance. In
administrative authority error, person, in action, imagine himself qualified
and with the belief that he was acting within the authority granted to him,
will act. Error has been achieved in the subject or in the implementation the
case with rule in whole or in existence of rule, understanding the meaning
and interpretation of the sentence that are named error of fact, adaptation
and law. In error of law, based on the general rule, Ignorance to law does not
warrant liability but because this rule is against the fairness, some lawyers,
are distinguished between ignorance with negligence and fault. But the lack
of knowledge of the laws and regulations regarding administrative authority
of its domain, are assumed his fault and he will be responsible for his error
and lack of responsibility required proving the negligence by the
administrative authority. But in fact and, adaptation error, there is certitude
or valid suspicion that they are valid in principle science so the person dose
not have any responsibility. Review on administrative authority error can be
achieved of the hierarchical supervision and monitoring by the Court of
Administrative Justice and are enforced warranty.

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History

  • Receive Date: 04 July 2016
  • Revise Date: 05 August 2016
  • Accept Date: 10 September 2016

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