The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The influence of socialism on the scope of administrative law

Document Type : Original Article

Authors
1 University of Judicial Sciences and Administrative Services
2 Faculty of Law and Political Science Shiraz Univerrsity
10.22034/mral.2024.2028052.1606
Abstract
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.
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Volume 7, Issue 25
seventh year, 25th issue, ّWinter 2025
Autumn 2025
Pages 13-36

  • Receive Date 03 May 2024
  • Revise Date 07 July 2024
  • Accept Date 16 August 2024