The political and Administrative Justice in Civil Society

International Journal of Political Science

مقاله 3، دوره 12، شماره 3 - شماره پیاپی 35، مرداد و شهریور 2022، صفحه 39-54   

نوع مقاله: Original Article

نویسندگان

Babak Baseri^{* 1}؛ Ali Faghih Habibi²

¹Assistant professor of public law (Ph. D), Department of public and international law, Islamic Azad University, Shiraz Branch, Shiraz, Iran. (Corresponding Author) [e-mail]

²Associate Professor of Public Law (Ph. D) Department of law, Islamic Azad University, South Tehran Branch, Tehran, Iran.

چکیده

Every civil society needs the development of justice for its survival and in the modern era, one of the most important manifestations of that is administrative justice. The conception of administrative justice in any legal system is a function of political action. That is, it is more a product of the political agreement of the nation of land than a metaphysics conception. This concept primarily focuses on the fair distribution of resources and then on fair administrative decisions. Administrative justice is the basis for the structuring of the administrative system into an advanced legal system that applies to the equitable distribution of wealth through administrative law and legal principles derived from the customary concept and are sometimes defined in procedural and substantive principles in administrative court proceedings. Therefore, we are faced with a concrete concept that understands the system of administrative law and public law as defined by legal principles. Administrative justice is made by political affairs and is paid through legal institutions. These concepts are shaped by common social values ​​and, after legal incorporation, their customary concept becomes legal. The concept of administrative justice in the judgments of the Administrative Justice has been expressed in two principles of impartiality and proportionality. The first principal deals with the concept of administrative justice procedures and the principle of proportionality of its substantive concept. Therefore, the most important application of the concept of administrative justice is to determine the legal principles that are relevant to it in administrative proceedings and in the jurisdiction of the administrative justice court.

کلیدواژه‌ها

Administrative justice؛ Hearing؛ Impartiality؛ Proportionality؛ Public interest