Principle of Impartiality and Neutrality in the Exercise of Discretionary Powers in the Light of a Decision by the Administrative Court
Subject Areas : public lawSeyyed shahaboddin Musavizade merkie 1
1 - PhD in Public Law, Department of Public Law and Economic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Keywords: Principle of Impartiality and Neutrality, Discretionary Power, Administrative Court, Selection, Legal Sociology.,
Abstract :
Discretionary power is a power granted by the legislator to public authorities with the aim of serving the public interest. This power is exercised in various areas, including the recruitment of volunteers in government agencies. According to the Universal Declaration of Human Rights, individuals have the right to equal access to public employment in their own country. According to the Law on the Administration of Public Services, the principle of meritocracy applies to entry into executive agencies. However, placing criteria such as religious beliefs in addition to acceptance in the entrance competition has a legal basis according to the Law on the Administration of Public Services. The question now is how can these two important issues (meritocracy and compliance with selection criteria) be achieved? This article attempts to answer this question by describing and analyzing a decision by an administrative court through a library study using data extraction tools. The results showed that compliance with the principles of impartiality and neutrality by executive agencies and supervision by administrative courts are good tools for achieving the legislative goal of granting discretionary powers to administrative authorities.
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