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The Approach of the Administrative Court of Justice regarding to Extension of the Effect of Annulment of Regulations to the Time of Approval
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Mohammadjavad Mohammadpour *   , Gholamreza Molabeygi |
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Abstract: (1336 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 |
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| Keywords: Effect of Annulment of Regulations, General Assembly, Administrative Court of Justice, Violation of the Rights of Persons |
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Type of Study: Research |
Subject:
Special
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