Analysis of the Lapse of time in administrative litigation in Iran
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Javad Mahmoodi *  |
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Abstract: (386 Views) |
According to the constitution and ordinary laws, all citizens have the right to access competent courts. The passing of time is considered as one of the factors preventing this right. This issue has been investigated in detail in the context of private and criminal law researches, but in administrative law researches, this issue has not been addressed much. Therefore, in the upcoming research, this debate will be examined in the light of the opinions of the Administrative Court of Justice. The fundamental question is whether the prohibition announced by the Guardian Council regarding the passage of time in civil lawsuits also extends to administrative lawsuits, or whether public authorities are held accountable based on concepts and principles such as the right to sue. , the rule of law and the protection of citizen's rights as requirements arising from the public matter, should the council's theory be assigned? In the upcoming research, through an analytical and descriptive study, different views on this matter especially; the procedures of the Administrative Court of Justice were reviewed and evaluated. The hypothesis of the research is that the generalization of the passage of time in criminal and legal claims to administrative claims, regardless of their fundamental difference in terms of origin and effects, should be rejected according to the requirements governing administrative claims. The author seeks to resolve the ambiguities of the executives in this regard, so that they can make decisions with more stability and strength in performing their duties related to administrative areas. Public employees and administrative policy makers can benefit from its achievements. |
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Keywords: Lapse of time, Administrative lawsuits, Administrative Court of Justice, Administrative proceeding |
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Type of Study: Research |
Subject:
Special
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