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Identifying the legal principles relied on by the General Assembly of the Court of Administrative Justice in annulling the decisions of boards of trustees of universities
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Fardin Moradkhani *   , Mohammadreza Ayar |
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Abstract: (1224 Views) |
| The higher education system plays a pivotal role in economic, social, political and cultural development. In order to provide faster and more accurate performance, universities should have independence and freedom of action in some matters such as employment, financial and administrative matters. This is done through the Board of Trustees as the decision-making body of the university. The resolutions of the Board of Trustees can be challenged and annulled in the Court of Administrative Justice and have so far been overturned by the General Board of the Court by direct or indirect reference to legal principles. This article examines the question using a descriptive-analytical method: “In the practice of the General Board of the Court of Administrative Justice, the resolutions of the Board of Trustees of universities have been annulled on the basis of what principles?” The principles of non-delegation of authority, justification, equality, prohibition of discrimination, prohibition of multiple occupations, non-allocation, incompetence, harmlessness, prohibition of unjustified possession, prohibition of aggression and legality have been explicitly or implicitly invoked in various opinions. The General Assembly's resolutions have attempted to address the weaknesses and legal gaps resulting from the lack of regulations regarding the powers and competencies of the university board of trustees |
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| Keywords: Legal principles. Judicial Procedure. General Assembly. Administrative Court of Justice. Boards of trustees of universities |
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Type of Study: Research |
Subject:
Special
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