Contorol of Discretionary Power in German Law with a View to Iranian Law

Document Type : Original Article

Author

Associate Professor, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

The concept The discretionary powers has, these days, considerably entered the German administrative laws system. Its legitimacy, jurisdiction, implementation, and judiciary control are among the debatable issues of the administrative laws system of the country. The specific rules, in the German administrative laws system, which are introduced in the constitutional and administrative laws, are not determining the mechanisms of the discretionary powertheories of the country. Hence, it has been tried to make up for it in some constitutional and administrative courts and law literature. The ideas are diverse, though. This study attempts to present types of discretion adequacy, judiciary control aspects, and the development of judiciary policies in Germany.Then let's take a look at Iran's administrative law.The basic question of this article is what is the importance and position of discretionary jurisdiction in German administrative law. The basic premise of this article in response to the main question is that discretionary jurisdiction in German law has provided the basis for the creation and expansion of some concepts and institutions of administrative law.

Keywords

References

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Journal of Comparative Public Law
Volume 1, Issue 3 - Serial Number 3
September 2024
Pages 93-118

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