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Investigating the violation of individuals' rights; An independent and neglected direction in the judicial supervision of the General Assembly of the Court of Administrative Justice
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Seyedeh negar Mousavi *   , Ali Mashhadi |
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Abstract: (520 Views) |
Government decisions can be reviewed and annulled in cases where they have a formal or substantive objection. Despite the lack of a single model for judicial oversight, the dynamism of legal systems in the face of current issues has led to the identification of other causes. Principles such as proportionality, non-discrimination, rationality, today are independent aspects of the judiciary that were not recognized in the first formulation.
The following is Article 12 of the Law on the Organization and Procedure of the Court of Administrative Justice, which enumerates the aspects of dealing with objections to government approvals, but considering Article 173 of the Constitution of the Islamic Republic of Iran, which considers the establishment of the Court to be the realization of people's rights It was not restricted to the aspects authorized in Article 12, and we will finally see that the judges, despite believing in the invalidity of the decrees, violated the rights of individuals; Face a deadlock of not finding the established direction.
Article 12 mentions 'violation of the rights of individuals'. A phrase that has received less attention. In this article, by proposing the theory of 'violation of the rights of individuals' under the title of 'administrative human rights', we have tried to present this direction as an independent direction for annulment of resolutions that have in any way led to violation or deprivation of citizens' rights. To the 'rights of the nation' enshrined in the constitution. The research method is analytical.
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| Keywords: violation of individuals 'rights, aspects of annulment of resolutions, General Assembly of the Court of Administrative Justice, judicial supervision, citizens' rights
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Type of Study: Research |
Subject:
Special
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