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:: Volume 9, Issue 28 (12-2021) ::
qjal 2021, 9(28): 35-52 Back to browse issues page
Judicial interpretation of the Constitution in the light of the principles governing administrative law with emphasis on the procedure of the Court of Administrative Justice
Mojgan Keyvanifar, Ali Babaye mehr *, Hosein Foroghynya
Abstract:   (496 Views)
Undoubtedly, despite the gap of shortcomings, conciseness and conflict of laws, judicial interpretation is inevitable and accepted in all legal systems. In such a way that the interpretive jurisdiction of judicial authorities should be based on the principles and rules set forth in the constitution so that we do not see multiple procedures in applying the sentence to the subject, therefore, protection of the constitution as the most fundamental law governing the system The legal framework of each country requires the means of control in a lawful manner, and the mechanisms for the participation of such an institution in the process of establishing administrative rights are also realized as a tool for constitutional oversight of government regulations and further enhancing the process of constitutional protection. Find. The purpose of this article, considering the close and significant relationship between administrative law and constitutional law, is how to standardize the judicial interpretation based on the constitution and provide applicable rules based on the principles governing public law, especially administrative law in the Islamic Republic of Iran. Considering the important issue of this article about the role of judicial interpretation of the Constitution in the light of the principles and rules governing administrative law to protect the constitution and the basic administrative law, the results of this article show that the key role of administrative law in general and institutions And the administrative courts, in particular, are well manifested in the realization, provision and guarantee of the fundamental values ​​of dictatorship and through the fundamentalization of administrative law in the position of judicial interpretation in terms of the principles and rules governing administrative law. Therefore, the present paper has been processed by descriptive and analytical methods, using documentary and library sources, focusing on the legal approach to the issue of judicial interpretation of the Constitution.
Keywords: Judicial Interpretation, Constitution, Administrative Law, Constitutionalization, Administrative Court of Justice
     
Type of Study: Research | Subject: Special
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keyvanifar M, babaye mehr A, foroghynya H. Judicial interpretation of the Constitution in the light of the principles governing administrative law with emphasis on the procedure of the Court of Administrative Justice. qjal. 2021; 9 (28) :35-52
URL: http://qjal.smtc.ac.ir/article-1-899-en.html


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Volume 9, Issue 28 (12-2021) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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