Document Type : Original Article
Highlights
Administrative justice is the idea of a general representation of a fair administrative structure in a legal system that provides the necessary platforms for the implementation of legal principles. The concept of administrative justice in any society is primarily an intuition-based concept, which, in combination with other concepts, determines an objective concept and is a prelude to structuring. Reproduction of the concept of administrative justice requires study in philosophical thoughts, so that part of its approach can be achieved in philosophical thoughts. In determining the concept of administrative justice, one should start from the principle of conceptual unity and reach conceptual plurality; This means that every multiplicity must have a sign of unity and then return from multiplicity to unity. In determining the concept of administrative justice, we will move from conceptual unity to plurality. If this is the case, the multiple concepts of administrative justice create a structure in which each concept has an initial symmetry and gradually moves away from symmetry and tends to asymmetry.
In addition to the administrative structure derived from the concept of administrative justice, the administrative decision-making mechanism is also contractual and consensual. As the agent and enforcer of the laws approved by the parliament, the administration is forced to interpret the laws and make decisions that seem to contradict the principles of democracy and contractual administrative justice due to the fact that the executive and public officials are appointed. In order to resolve this discrepancy, the compatibility of administrative decision-making with the principles of administrative justice requires the attitude of a contract-based relationship between the administration and citizens, which requires the active participation of stakeholders in administrative decision-making. This attitude changes the long-term relationship of the administration with the citizens and adjusts it, and also leads to the replacement of the decision-making system of the beneficiaries and citizens. Increasing delegated powers to administrative authorities can only be justified by maintaining human self-discipline through mechanisms that increase citizens' participation in decision-making. Therefore, public participation and the decision of the majority, which are among the principles of democracy, by entering the field of administrative law, in addition to preserving the self-discipline of the citizens, will also lead to a better efficiency of the administration.
The concept of justice in political philosophy is necessary to justify the fair distribution of facilities and resources, as well as the application of positive discrimination for the benefit of the society as a whole. It is also necessary for the distribution of the substantive rule, and therefore we require a transition from the formal (procedural) concept of justice. The substantive rule of administrative justice is derived from the comprehensive agreement that oversees the cooperative decision-making system based on the contract. In other words, the substantive rule of administrative justice is the extension and development of Hobbes' social contract theory in the realm of administrative law. The formal (procedural) rule of administrative justice is aimed at the fair structure of the administrative system. Therefore, it acts impartially towards the rights and needs, and in the form of the administrative structure, its concept is legally determined. Therefore, it is container oriented and supervises the mechanism of fair distribution through administrative institutions. The principles of administrative justice in common law systems are rooted in the concept of natural justice and are defined in the "rule of non-partisanship" and the "right to a fair hearing". The rule of non-partisanship means that the parties to the dispute should be dealt with in accordance with fair principles based on neutrality and equally and fairly. Here, the meaning of fairness is that the parties to the dispute or the administrative stakeholders have an equal opportunity to participate in the decision-making process. without discrimination. The right to a fair trial in the natural justice system indicates that no one should be condemned without having a reasonable opportunity to defend himself and present his reasons and documents.
Considering the above contents, two principles can be deduced from the concept of administrative justice. The first principle that originates from the agreement on the concept of administrative justice in the formation of the administrative structure is the formal (procedural) rule of administrative justice that appears in customary systems in the form of fundamental rights. A fair administrative structure implies impartiality in the distribution of facilities and conflict of rights, and it is manifested in the principle of impartiality. The second principle, from the substantive aspect of administrative justice to facilitate fair distribution, appears in rights-based systems based on the principle of proportionality as a substantive tool of administrative justice in resolving conflicts and conflicts.
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