Document Type : Research Paper

Authors

• Zohreh Naeimifard ¹
• Mahdi Hadavand ²

¹ Department of Public and International Law Faculty of Law and Political Sciences Allameh Tabataba'i University Tehran Iran

² Department of Public and International Law, Faculty of Law and Political Sciences, Allameh Tabatabae"i University , Tehran , Iran

Abstract

In administrative law, the "rule against bias" is one of the branches of the principles of "procedural fairness" and complements the theory of "good governance". Personal, cognitive, organizational-institutional biases, previous involvement, preconceived opinions, predispositions or prejudgments are the most important aspects of partiality. They can influence decision-making processes. Despite the importance of the aforementioned rule, less has been addressed to its foundations and aspects in administrative law, and most of the topics discussed are focused on judicial impartiality. Considering the position of foreign law in the field of administrative law, this article, using the analytical-descriptive method, examines the nature, elements and application of the rule against bias in English administrative law. It seems the current approach of the English legal system to the rule against bias is complex and scattered, applied with different standards. Also, the violation of the rule against bias results in a lack of competence of the administrative authority, with varying degrees of effect ranging from "void" to "voidable" of the decision. Although there are some serious concerns about the inflexibility of the rule against bias, especially in technical and specialized administrative matters, it is necessary to strike a balance between competing concerns.

Keywords

• the rule against bias
• biased administrative decision
• bias test
• void
• voidable

Main Subjects

• Administrative Law