Area of Judicial Control of Discretionary Power in Iran (Considering of British law)

Judicial control of discretionary powers is one of the topics discussed in administrative law studies related to the limits of governmental power. Freedom of action established due to the power which the legislator gives to the official, explains evaluating the legality of administrative act by judge, different from duties control, in the “minimum control” and restricts the judicial competence in controlling governmental powers. Considering the necessity of making a distinction between the controlling and interfering as a principle, leads to an ambiguity in answering this question “what can be controlled?”. Based on this fact the judge must clearly recognize his legal competence boundaries in controlling his powers. This studymakes an attempt to make clear the content and the area of judicial control of discretionary powers and make a distinction between “merits” and “legality” by classifying all kinds of control based on their subjects and by analyzing perspective on the judge act of administrative justice court, the related case law and the new innovative institution of administrative justice court law.