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Criticizing the Procedure of the General Assembly of the Administrative Justice Court in not Considering the Administrative Regulations; Based on their Content Conditions
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| Hosein Ayenenegini *, Mohammadamin Abrishami rad |
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Abstract: (587 Views) |
Based on Article 173 of the Constitution, the Administrative Justice Court has jurisdiction over complaints against administrative regulations, and Article 170 specifies the possibility of annulment of these regulations. Although in the Organization and Procedure of the Administrative Justice Court law, with the separation of the jurisdiction between the General Assembly and branches, review on administrative regulations is the responsibility of the General Assembly, but based on the procedure of this Court, some regulations are excluded from the competence of the General Assembly. This research seeks to answer this question in a descriptive-analytical format, what are the Content barriers to the review of administrative regulations by the General Assembly of the Administrative Justice Court? And what are the problems with this Court's procedure in this regard? The findings of this study indicate that one of the most important content barriers of the General Assembly's hearing on complaints against government regulations is "Content is non-existent", "non-binding", "declared and without ruling" and "lack of executive validity". In these cases, with regard to considerations such as guaranteeing the right of individuals to sue, guaranteeing the rule of law, paying attention to administrative requirements and especially the requirements of the administrative procedure, preventing the violation of people's rights and compensating their damages and especially paying attention to legal duties, the Administrative Justice Court’s procedure should be reviewed.
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| Keywords: Administrative Regulations, General Assembly of the Administrative Justice Court, Characteristics of Regulations, Content Barriers to Litigation, Typical Decisions, Mandatory Regulations. |
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Type of Study: Research |
Subject:
Special
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