نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Abstract
This article, using descriptive-analytical method, has concluded that Administrative Law was born in the lap of Napoleonic authoritarianism, which also is rooted in the French Revolution. French revolution Influenced by socialism and its main ideal, social justice, tried to forget its past and build an equal society according to its values and ideals. Socialism, considering the society as an artificial thing, gives authority and power to the State to establish equality and regulate the society. French administrative law, by adopting the principle of public service as its most important foundation, became a tool in the hands of authoritarian regimes and became the supporter of gendarmerie law. In contrast, administrative law in England is the law of administrative claims that protects the freedom of citizens. The root of this difference goes back to the perception of the State. England considers State to be an evil thing that was established to maintain security and prevent people from trespassing on each other; While in the point of view of France, the State is considered in charge of the public affairs and the manifestation of the public good. These two administrative laws have influenced each other, but according to their historical tradition, French administrative law has tended towards State and administrative law in England has tended towards State supervision. Administrative law often covers the establishment of regulations and the establishment of state-owned companies.
کلیدواژهها English