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The approach of standardizing the opinions of the Court of Administrative Justice; A reflection on Article 93 of the Administrative Court Law
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Hosein Ayenehnegini *   |
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Abstract: (227 Views) |
The principle of "individuality of the effect of judicial decisions" is considered one of the procedural principles and one of the dimensions of protection from the substantive aspect of judicial independence. Based on this principle, the decisions issued by the courts are effective only in the rights and duties of the people involved in the proceedings and are ineffective for other people. Considering that the absolute acceptance of this principle in some cases may lead to differences in procedures and as a result injustice, Article 161 of the Constitution has established the authority to issue unanimity votes to the Supreme Court in order to solve this issue. Despite this importance in the legislative approach regarding the Court of Administrative Justice in general and the recent reforms of the Court Law in particular, the legislator has considered the votes issued by the branches and boards of this institution to have a specific and general effect, contrary to the aforementioned legal principle. Among these provisions is Article 93 of the Law of the Administrative Court of Justice, which considers the opinions of specialized boards and general boards in the capacity of handling complaints against government approvals to be valid and criteria for administrative and judicial bodies and authorities. The review of the legislative approach mentioned in this article showed that although the standardization of the court's decisions may have merits, the obligation of judicial and administrative bodies and authorities to follow the decisions of the general board in handling complaints against government regulations, with fundamental issues various, including the jurisdiction of judicial interpretation (subject of Article 73), the supervision of the speaker of the parliament over government regulations (subject of Article 138), the substantive dimension of the principle of judicial independence and the statistics of the sources of issuing a decision (subject of Article 167) and The jurisdiction of court judges in reviewing government regulations (the subject of Article 170) is not harmonized.
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| Keywords: Court of Administrative Justice, the principle of case-by-case votes, the Constitution, annulment of government regulations, Article 93 of the Law of the Court of Administrative Justice. |
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Type of Study: Research |
Subject:
Special
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