:: Volume 8, Issue 24 (12-2020) ::
qjal 2020, 8(24): 9-27 Back to browse issues page
The Role of Administrative Justice Court in Legal Proceedings of Case Administrative Decisions
Abstract:   (2135 Views)
Fourth and one hundred and seventy-seventh principles of the constitution have considered the guardian council and the administrative justice court as the authority to monitor the legal aspect of administrative regulations. However, there is no specific provision regarding the supervision of the legal aspect of the decisions and case actions of government units and their agents.
Meanwhile, although according to Article 122 of the law of the Administrative Justice Court, cases of silence in this law have been referred to the Code of Civil Procedure and the Law on Enforcement of Civil Judgments, it is not clear, in the case of silence of above laws, whether the judge of the Administrative Justice Court can issue a verdict based on credible Islamic sources or credible technology and legal principles that are not contrary to Islamic law such as criminal cases (subject to Article 167 of the Constitution) and civil lawsuits (subject to Article 3 of the Code of Civil Procedure) assuming that the relevant laws are not complete or explicit, or that there is no law in the cited case. Or, in case of a discrepancy between the case decision of the administrative official and the legal provisions, should the judge inquire the matter from the jurists of the Guardian Council? In order to analyze above hypotheses by relying on the descriptive-analytical method and by examining the cases of the judgment procedure in the branches of the Administrative Justice Court, in this article we have reached the general approach that despite important legal gaps in this issue, it is possible to cite legal provisions and Jurisprudential rules during the investigation of lawsuits cited in the branches of the Court of Administrative Justice.
Keywords: Administrative Justice Court, Legal Proceedings, Religious Law, Case Decision, Guardian Council
     
Type of Study: Research | Subject: Special



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Volume 8, Issue 24 (12-2020) Back to browse issues page