نوع مقاله : مطالعه آرای قضایی
1 کارشناس ارشد حقوق عمومی،دانشگاه قم، قم، ایران
2 دانشیار گروه حقوق عمومی و بین الملل، دانشکذه حقوق، دانشگاه قم. قم.ایران
عنوان مقاله [English]
Judicial oversight is one of the most effective ways to prevent the violation of the rights and freedoms of individuals against the government, because individuals do not have an equal power before the government and in its specific meaning, the administration, and always fear the abuse of the administration to have The position goes superior. Abuse of position is aspects of judicial oversight in the Court of Administrative Justice. In legal texts, abuse of position means being exercised by an administrative authority who has those powers in a direction outside of administrative purposes. But the question that comes to mind is what concept and examples of abuse of position in the procedure of the branches of the Court of Administrative Justice? To find the answer, refer to the procedure of the branches of the Administrative Court of Justice. Although in the Law on the Organization and Procedure of the Court of Administrative Justice, abuse of position is considered as one of the aspects of judicial supervision, but in the proceedings of the Court of Administrative Justice, it has been neglected and rarely can cases be found that refer directly to Abuse of official position has been issued. It is difficult for a judicial official to abuse her administrative position, because the administrative official has not apparently violated the laws and regulations.. However, it is in the court procedure that the judges of the Administrative Court of Justice have issued a verdict according to the cases of abuse of power.