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Ensuring and protecting acquired rights in the administrative law of Iran and the jurisprudence of the Court of Administrative Justice
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Mohammadreza Vijeh   , Seyedmohammad sharif Hojati * |
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Abstract: (1674 Views) |
Sometimes the time factor in conflict of laws, regulations, government decrees, and administrative decisions and announcements from the past and in the future leads to the loss of the acquired rights arising from them or as the results of contracts concluded by the administrative authority in the past or the disregard of legitimate expectations which are expected.
This squandering of rights (acquired rights) and ignoring the expectations (legitimate expectations) created by law, procedure and sharia is not acceptable.
The principle of protection of these acquired rights should be considered as the product of the "judicial" procedure of the Administrative Court of Justice, which, apart from not envisaging it as a principle protection in the constitution, in cases of non-observance of this principle by the administrative authority, The verdict of annulment of any decision, announcement and decree is issued, which in itself caused the violation of these rights has been issued many times.
In the present article, the guarantee and protection of acquired rights in the administrative justice procedure has been examined and the strengths and weaknesses of this procedure have been examined.
It seems that by considering several criteria, the Court of Administrative Justice can improve and expand its protection of these rights. |
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| Keywords: Acquired Rights, Non - Retroactivity of Administrative Decisions, Legitimate Expectations, Judicial Control (Review), Legal Security |
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Type of Study: Research |
Subject:
Special
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