Recognition of Good Faith in Public Law

While Good Faith has been recognized as a common concept in the various branches of law, in public law, it is rather a new concept. In this field, good faith is a necessary and fundamental concept based on the modern right-based approach, particularly for citizens to be supposed trustworthy, along with loyalty of state to its administered people. Furthermore, assuming good faith for the state plays an important role to promote efficiency in society. Honesty, loyalty, and fair measures, or justifiable ignorance and forgivable error are two meanings propounded for good faith, as opposed to malice, abuse of authority, and fraud. Like Justice, Fairness, and Good morals, the definition of good faith which has been regarded as a subjective and relative concept, is difficult and with ambiguity. Of course, this concept is better explained by its oppositions and applications. Good faith in some applications is presented as a legal principle and standard of behavior, while in others as a legal presumption, facilitate the burden of proof and repudiators must prove their claims. This article seeks to analyze the concept of good faith and recognize it in public law, especially based on its application in administrative laws and cases. Although the meanings and definitions of good faith in public law are not far from other fields, their applications are different. So introducing this concept can gradually lead to an evolution in Iran’s public law system.