|
Feasibility study of assigning the right to pleading to foreign nationals in the Administrative Court of Justice
|
Seyedahmad Habibnezhad   , Mahdi Zare * |
|
|
|
Abstract: (1317 Views) |
Article 173 of the Constitution stipulates the competence of the "people" in the position of plaintiff in the Court of Administrative Justice, and the opposition between the word government and the people in this principle indicates the generality and application of the word people Against the government. However, since a number of people living in the country do not have Iranian citizenship, but they have daily interactions with the government and in some cases they inevitably need justice, this question is raised whether foreigners are included in the conceptual circle of the people, Are they entitled to Article 173 of the Constitution?
According to the issues raised in this article and by analyzing international documents and legal analysis of the principles of the Constitution and ordinary laws, as well as the procedure of the Court of Justice can be acknowledged, Not only that, none of the domestic laws has deprived the right to a fair trial in a special administrative court and their jurisdiction to be a plaintiff in the Court of Justice, Rather, all the above confirmations, according to the principles of the principles of jurisprudence, indicate the application of the word "people" And foreign nationals will not be formally barred or restricted from entering the applicant.
Notwithstanding the above details, paragraph A of Article 18 of the Code of Judicial Procedure of the Court of Justice deems it necessary to include a national code in the submission of a petition to the Court, which is a legal obstacle to receiving a citizen's petition.
|
|
| Keywords: : The right to a fair trial, the plaintiff, foreign nationals, the right to a fair trial, the Administrative Court of Justice |
|
|
|
|
Type of Study: Research |
Subject:
Special
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
