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The Relationship between Jurists of Guardian Council and Administrative Court of Justice: A Review of 40 Years procedure for Announcing Contradiction of Regulations with Islam
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Abstract: (2584 Views) |
| Famous interpretation of Jurists and professors of universities of the constitution of Islamic Republic of Iran specially 4th Principle, refers to qualification of jurists of Guardian Council for announcing contradiction of Regulations with Islam; which leaded to Voiding Regulations due to Contradiction with Islam in first act of administrative court of justice approved since the year 1981 up to now, applied by general board of this court, but the main and irrevocable qualification shall be proved only by jurists of Guardian Council. This judgment seems absolute and obvious; nevertheless, by exact considering to Constitutional Law, the contradictory issue is revealed due to following reasons about qualification of Administrative Court of Justice: 1) Qualification of jurists of Guardian Council for Announcing Contradiction of Acts with Islam. 2) Recognizing justice as field of operation of judges. 3) Qualification of jurisprudence knowledge of judges for Islamic Voiding Regulations. 4) Qualification of judges for applying Islam in civil, penal and administrative cases and courts in Acts. 5) Contradiction of qualification of jurists of Guardian Council with independence of judges. 6) Qualification of administrative court of justice in principle 170 and 173 of constitution. 7) Qualification of jurists of Guardian Council for Announcing Contradiction of constitution with Islam. |
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| Keywords: Guardian Council, Announcing Contradiction of Regulations with Islam, Jurists of Guardian Council, Principle 4 of The Constitution of Iran, Administrative Court of Justice |
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Type of Study: Research |
Subject:
Special
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