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An Investigation of the diagnostic Competence and the Requirements of judicial control from the Administrative Justice Court on the Diagnostic Jurisdiction of Administrative Authorities
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Adel Sheibani *   , Gholamreza Molabeygi |
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Abstract: (2729 Views) |
| The growth of functions of government and the resulting socio-economic developments have made it increasingly necessary to recognize the techniques of the administrative law. Meanwhile, the study of "competence" as one of the key concepts of administrative law that determines the scope of action and activity of the officials, is more substantial. In the former studies, this concept is mainly divided into obligatory and optional branches, and the optional, diagnostic (emblematic) and selective competencies were used in the same way in contrast to obligatory competencies. The present study, however, demonstrates that understanding and analyzing the legal impacts of the authority of public officials and enhancing the quality of judicial oversight over them entails recognizing the concept of diagnostic jurisdiction and separating it from the scope of optional and selective jurisdictions. Also, Article of theAdministrativeJustice Court Act indicates a special mechanism for judicial oversight of the diagnostic competence of administrative officials and authorities. According to the authors, this type of competence should be explained in terms of the limits of freedom of action and the scope of election of the administrative official under the obligation competencies of the administration. Therefore, the present article by using a descriptive-analytical method, first argues about the need to separate and recognize diagnostic jurisdiction from voluntary or selective jurisdiction, and then evaluates the Articles and of the Law on the Organization and Procedure of the Court of Administrative Justice in order to determine the requirements of judicial oversight of the diagnostic jurisdiction of specialized administrative authorities |
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| Keywords: Competence, Diagnostic Competence, Selective competence, Administrative Authorities, Administrative Proceedinds. |
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Type of Study: Research |
Subject:
Special
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