Public Interest Litigation" and Its Role in Fighting Economic Corruption (A Comparative Study of the Iranian, American and English Law)

Abstract

In recent years, legal systems of some countries have emphasized on civil law capacities to fight economic corruption and acquisition of illicit assets. One of the appropriate and necessary actions in this regard is to remove monopoly on the right to sue, especially civil lawsuits (compensation and restitution of public property and assets) exclusive to the government. Some countries have taken effective steps in fighting economic corruption by providing private entities with the authority of suing and consequently, by creating financial incentives. In this case, “public interest litigation” and its specific type known as “Qui-Tam” has been considered in some countries in recent years. The conditions for filing such action and its legal fundamentals in countries which accepted the action and also understanding the Iranian legal principles and formalities are worth studying. The extent to which it is possible to establish or maintain a similar institution in the Iranian law through observance of jurisprudential as well as legal fundamentals and infrastructures is yet to be answered. Employing an analytical-descriptive method, the present study draws on the rules and legal resources of the three countries. Through a meticulous content analysis, attempt is made to extend "Public Interest Litigation" and Qui-Tam in the Iranian law. Findings suggest that lawsuits based on “public interest” could be effective in fighting economic corruption.

Keywords

• civil society partnership
• economic corruption
• public interest litigation
• qui-tam litigation