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:: Volume 10, Issue 32 (12-2022) ::
qjal 2022, 10(32): 182-203 Back to browse issues page
The Approach of the Administrative Court of Justice regarding to Extension of the Effect of Annulment of Regulations to the Time of Approval
Mohammadjavad Mohammadpour * , Gholamreza Molabeygi
Abstract:   (506 Views)
In cases where a regulation is annulled for inconsistency with the law, it is assumed that from the time of approval until the annulment, the rights of persons have been violated. Therefore, in Article 13 of the Organization and Procedure of the Administrative Court of Justice Law, the legislature has provided a mechanism for the General Assembly to extend the effect of annulment to the time of approval in cases where it violates the rights of persons. Therefore, considering that the application of Article 13 of the Law is related to the rights of many persons, the Court's approach to its application will important. In the current research, this issue has been addressed with a descriptive-analytical approach and using library resources, and reviewing the decisions issued by the General Assembly in this field. The result obtained from the current research shows that the Court has adopted a minimal and restrictive approach to the application of this article; and it has not used well of the protective mechanism of Article 13 of the Law in the restoration of the rights of persons
Keywords: Effect of Annulment of Regulations, General Assembly, Administrative Court of Justice, Violation of the Rights of Persons
Type of Study: Research | Subject: Special
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mohammadpour M, molabeygi G. The Approach of the Administrative Court of Justice regarding to Extension of the Effect of Annulment of Regulations to the Time of Approval. qjal 2022; 10 (32) :182-203
URL: http://qjal.smtc.ac.ir/article-1-1081-en.html

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Volume 10, Issue 32 (12-2022) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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