نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In this research, with a descriptive and analytical way, we have expressed the status of a rule related to variable administrative decisions, which is called the stopple rule. This rule was first used in 1949 by Judge Denning in private law to control the powers of public officials, and of course, it was opposed by the Parliament. Therefore, in this article, an attempt has been made to firstly analyze the concept and the place of the stopple rule in administrative law and how it enters the literature of administrative law, and then with special reference to some of the cases raised in the administrative law of England, how to apply it, judicial review of administrative practices. The basic question is what is the use of the stopple rule in administrative law, especially in the process of judicial supervision of government actions? The basic assumption of this article in response to this question is that although this opinion has been unanimously accepted that stopple is a rule of fairness and it prevents a person from denying a result that he has already accepted. However, the violation of jurisdiction is often referred to as "abuse of discretion" and unfortunately, although all courts claim to rely on the staple theory, they often fail to introduce a general set of basic criteria.
کلیدواژهها English