The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The Application of the Stopple rule in administrative law; Case Study of English Law

Document Type : Original Article

Authors
1 Department of Public Law, Qom University
2 Phd Student In Public Law, Qom University, Qom Iran
3 PhD Student, in Public Law, Qom University, Qom, Iran
10.22034/mral.2024.2025813.1594
Abstract
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.
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Articles in Press, Accepted Manuscript
Available Online from 10 September 2024

  • Receive Date 05 April 2024
  • Accept Date 10 September 2024