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The Judicial Declaration in UK Administrative Justice System | ||
| پژوهشنامه حقوق تطبیقی | ||
| Article 3, Volume 2, Issue 1, April 2016, Pages 51-69 PDF (149.72 K) | ||
| Document Type: Original Article | ||
| DOI: 10.22080/lps.2018.11154.1112 | ||
| Author | ||
| Morteza Nejabat Khah* | ||
| Assistant Professor, Department of Public Law, Faculty of Law and Political Science, University of Mazandaran , Babolsar, Iran. | ||
| Receive Date: 01 January 2016, Revise Date: 31 January 2016, Accept Date: 01 March 2016 | ||
| Abstract | ||
| Different legal systems have predicted various judicial remedy for citizens in relation to those administrative acts which are contrary to law or outside of the jurisdiction of the authority that issued it. Judicial declaration is a judicial remedy that is identified in the administrative justice system in UK. This remedy, however, is not a judicial sentence or court ruling and hence some would not consider as a remedy, but this remedy, as it declares the rights or legal status of the parties, plays an important role in disputes concerning to public law. Due to its flexibility, declaration has notable application and features in administrative justice system in UK. Because this remedy has not been identified in our administrative justice system, while unlike the traditional view to these remedies, the use of such remedies can also be considered in our administrative justice system; therefore, it seems important to study of different aspects of this remedy. | ||
| Keywords | ||
| Judicial remedies; judicial declaration; administrative procedure; UK legal system | ||
| References | ||
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