Document Type : Research Paper
Author
Associate Professor, Public International Law, Allameh Tabataba'i Uniersity, Tehran, Iran
Abstract
Abuse of Authority is one of the vague and yet complex concepts of administrative law. Judicial precedent and many jurists have tried to explain its foundations and examples and specify its criteria according to the conditions of each culture and legal system. The question is whether there is a clear concept of abuse of authority in modern administrative law and its criteria are clear? The answer hardly is positive. Therefore, in order to accurately analyze the abuse of authority, we need to use similar concepts in private law and Islamic jurisprudence, as well as the concept of abuse of authority in other systems, in order to design a special theory that is not necessarily identical to them by extracting the necessary criteria.
The main elements of this theory are the power of the administrative authority, mala fides and intention to damage, which are identified with the goal of public interest. In other words, in this theory, we are trying to create a link between these elements with the direction of providing public interest.
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