Abuse of Permissive Jurisdiction in the Case-law of England and Iran and comparison with the private law and Islami

Jurisdiction represents the powers that have been granted by law to administer to take a decision in order to protect the public interest and respect for the rights and freedoms of its citizens by evaluation, interpretation and selection. This legal institution gives wide powers to administer wich require application of some principles and standards for regulating those powers. For this reason, judicial review is necessary on the basis of relevants standards. One of the issues requiring these standards is the abuse of power. It means that the public authorities possessing the legal authority use it for purposes other than those provided for by the legislator and apply irrelevant considerations or donot regard the relevant considerations. Because of this, judicial review has been provided for in the case-law of England and Iran. In private law and Islamic Jurisprudence, there is also the concept of abuse of right that seems to be related with this institution and there are some similarities and differences among them.