An Examination of Government Methods for Compensating Damage Resulting from Infringement of Public Rights

Abstract

The protection of public rights constitutes a fundamental component of constitutional governance and administrative accountability. When governmental actions result in harm to collective interests, the legal system must provide effective mechanisms to ensure compensation and restore normative equilibrium. This study examines the theoretical foundations, legal frameworks, and institutional mechanisms governing compensation for infringement of public rights within the Iranian legal system. Adopting a doctrinal-analytical methodology, the research draws upon constitutional principles, civil liability doctrine, administrative justice structures, and relevant statutory provisions to evaluate the scope and effectiveness of existing remedies. The analysis clarifies the conceptual distinction between public rights and private rights, emphasizing the collective and structural nature of harm in public law contexts. It further examines the civil liability of the state, including fault-based and objective liability approaches, as well as compensation arising from both unlawful and, in certain circumstances, lawful governmental acts. The study evaluates judicial mechanisms such as the Administrative Justice Court and civil courts, alongside administrative and legislative frameworks including supervisory bodies, statutory compensation schemes, and budgetary allocations. It identifies significant structural and procedural challenges, including institutional fragmentation, burdens of proof in collective harm cases, doctrinal ambiguities regarding the definition and standing of public rights, and weaknesses in enforcement and coordination. These challenges may limit the practical realization of compensation despite robust normative foundations. The findings indicate that while Iran’s legal system provides multiple avenues for addressing damage to public rights, greater doctrinal clarity, procedural reform, and institutional coordination are necessary to enhance coherence and enforceability. Strengthening compensation mechanisms is essential not only for corrective justice but also for reinforcing the rule of law, public trust, and governmental legitimacy.