Concrete of contractualism and public interest in context of administrative justice

Document Type : Research Paper

Authors

1 public law department, Law and Humanitarian Faculty, Islamic Azad University, Shiraz Branch, Iran.

2 public law department, Law and political science, Allameh Tabatabaei University, Tehran, Iran

Abstract

Reviving the Kant`s contractualism is able to foundation for evolving the modern administrative law and reflecting the universal values in construction of administrative order, especially in ages that globalization has been affecting on administrative law scope. Developing the judicial review on administrative acts, administrative trial and values of good governance are the most famous indication of emerging of universal administrative law system. This article seeks to answer a question about how to construct and combine the concept of administrative justice of the contract-foundation with a descriptive-analytical method, which seems to be a suitable context for the development of the above values in the field of administrative law. Administrative justice is a concrete phenomenon that cannot be found only in the legal context. In other words, the emergence of administrative justice in the modern state is the product of the coexistence of public interest and contractism. This concept of administrative justice is distinct from the ancient concept of justice in classical states. In this context, administrative justice is a concept based on social contract and public interest that harmonizes social developments and public will with the legal structure. In fact, this coexistence is the starting point of administrative justice with the emergence of the government.

Keywords

References

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