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The legal nature of the bar association and the possibility of suing the decisions and approvals of the association in the Court of Administrative Justice
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Hamed Nikoonahad   , Fatemeh Zolghadr * , Shabnam Ourangi |
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Abstract: (522 Views) |
Bar Association is considered as a professional institution of the legal profession as a public service. As one of the institutions providing public services, this institution has important powers and authority in the legal profession and supervising lawyers. According to the principle of the rule of law and the principle of non-jurisdiction in administrative law, the decisions and approvals of this institution, which are adopted by its members, especially the board of directors, must be within the framework of law. To guarantee this important component, it is necessary to foresee the right to sue for the beneficiaries and the persons affected by the decisions and approvals. On the other hand, in the Constitution of the Islamic Republic of Iran, the Court of Administrative Justice is provided as a specialized judicial authority in the body of the judiciary to deal with complaints and objections to the decisions, actions, and approvals of governmental institutions. The issue of this article is the possibility of appealing the decisions and approvals of the Bar Association in the Court of Administrative Justice from the perspective of the standards of iranian administrative law, which has been tried to be solved analytically and with a critical approach. Although the precedent of the Court of Administrative Justice indicates that it doesnt consider such authority for itself, the findings of this research show that the standards of the Constitution, the legal nature of the Bar Association, and the proper guarantee of the right to sue for the beneficiaries and citizens require the Court of Administrative Justice To be recognized as the original authority for dealing with lawsuits from the approvals and decisions of the Bar Association.
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| Keywords: Bar Association, professional institution, Court of Administrative Justice, lawsuit from the decisions and approvals of the Bar Association, non-governmental public institutions |
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Type of Study: Research |
Subject:
Special
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