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Legal supervision of the acts of the executive and legislative branches of the Guardian Council sole responsibility based on the principle quarter constitution. One of the ways to achieve this principle, contrary to the Act petition the court to excuse the executive branch with the guardians of the basic principles of Islam Act. the Guardian Council responding to inquiries court, in conformity with the essential form of entry is refused cases referred to. While the law has explicitly specify the jurisdiction of each entity, but remaining so vague and clear Nyst. shvray guard correspondence with the Court over the years has done, fill the vacuum and historical Ast. Hence it is facing the correct information from the form will pave the way for fair justice

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Unemployment insurance is one of the social protections of people who have lost their job without any will and in the process, their job security has been seriously damaged. In these cases, social security protection systems have tried to compensate for unemployment benefits by providing unemployment insurance benefits. In Iranian law, the Unemployment Insurance Law and its executive regulations, a set of instructions issued by the Ministry of Cooperatives, Labor and Social Welfare, as well as the Social Security Organization, determine the criteria for benefiting from unemployment insurance. In addition to the relevant laws and regulations, the unanimous procedure of the General Assembly of the Court of Administrative Justice can also be discussed as one of the important sources for determining the conditions for benefiting from unemployment insurance. The importance of this becomes clear when we know that the above-mentioned laws and regulations are ambiguous in some cases and the Court of Administrative Justice, as the highest authority of administrative proceedings, with a correct judicial interpretation of these cases, can cause clarification. Scope and coverage of unemployment insurance on individuals. The research method in this research is descriptive-analytical and library method has been used in collecting resources. The results of this study show that the performance of the court, although in some cases positive and in favor of workers, but in some cases has deviated from the philosophy of labor rights and the principle of protectionism.

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The literal meaning of “discrimination” does not imply whether it is positive concept or not, but in term of law it is a negative concept. “Positive discrimination” as an emerging concept of public law, has entered from comparative studies to the domestic debates. Due to some ambiguities about this concept, the constitutional legislator has used the concept of " legitimateness of discrimination", the theoretical development of which can pave the way for the realization of "justice" in the meaning intended by the constitutional legislator. So, the main question of the present inquiry is “to investigate the theoretical differences between positive discrimination and licit discrimination and the approach of the legal system of Iran to these concepts”, which has been studied by descriptive-analytical method. In the continue the relationship between “indigenous employments” and “licit discrimination” is explored as a case study. The results of this study showed that there is an inseparable relation between “licit discrimination” and “justice” in the Constitution of the Islamic Republic of Iran. The meaning of the “justice” is also close to the “proportionality”. “Positive discrimination” that rooted in “equality”, has no place in the legal system of Iran. In the case of Indigenous employments, each instance of employments should be presented on the concept of “licit discrimination” by considering the distinguish between Indigenous employment in normal and deprived areas. The procedure of the Court of Administrative Justice has also accepted this distinction.
 

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Establishing an appropriate legal system to handle the employment complaints of employees of government agencies in Iran, in different periods, has been the concern of policymakers in the country’s administrative system. Despite the fact that many years have passed since the identification of quasi-judicial authorities in the Iranian legal system, as well as the increasing volume of lawsuits in the branches of the Administrative Court of Justice, the above complaints (except in some exceptional cases) Takes. The present article, by taking a descriptive-analytical method, seeks to examine the managerial and legal foundations of establishing employment complaints boards for government employees, as well as to analyze the organizational patterns of these boards, and finally, to analyze the challenges and provide solutions. It can be suggested to create a suitable legal and administrative system to handle the mentioned complaints. Based on the findings of this study, the establishment of the above boards is justified from a managerial perspective and is legally possible. In the short term, by choosing the model of creating one-stage boards, and in the medium term, by creating the revision stage, as described in this article, by eliminating the existing legal and extra-legal challenges in this field (It is possible to improve the current status of the employment complaints of employees, including obtaining the permission of the legislator, establishing a proper due diligence procedure, and regulating the investigation in terms of the duration of the investigation and avoiding bias. The results and suggestions in this article provide a good opportunity for policy makers in the country’s administrative system to establish a legal system for handling employment complaints of government employees.
 

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Government decisions can be reviewed and annulled in cases where they have a formal or substantive objection. Despite the lack of a single model for judicial oversight, the dynamism of legal systems in the face of current issues has led to the identification of other causes. Principles such as proportionality, non-discrimination, rationality, today are independent aspects of the judiciary that were not recognized in the first formulation.
The following is Article 12 of the Law on the Organization and Procedure of the Court of Administrative Justice, which enumerates the aspects of dealing with objections to government approvals, but considering Article 173 of the Constitution of the Islamic Republic of Iran, which considers the establishment of the Court to be the realization of people's rights It was not restricted to the aspects authorized in Article 12, and we will finally see that the judges, despite believing in the invalidity of the decrees, violated the rights of individuals; Face a deadlock of not finding the established direction.
Article 12 mentions 'violation of the rights of individuals'. A phrase that has received less attention. In this article, by proposing the theory of 'violation of the rights of individuals' under the title of 'administrative human rights', we have tried to present this direction as an independent direction for annulment of resolutions that have in any way led to violation or deprivation of citizens' rights. To the 'rights of the nation' enshrined in the constitution. The research method is analytical.
 

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The Court of Administrative Justice is one of the prominent points raised in the Constitution of the Islamic Republic of Iran as a reference for safeguarding public rights against the encroachments of government agencies, which the constitutional legislator has addressed in Article 173 of the Constitution. In the normal laws since 1360 until now, the structure and organization of the Administrative Court of Justice has faced changes. The most recent ordinary law in this field is the "Law on Organizations and Procedures of the Court of Administrative Justice" approved in 2012, in which the legislator has foreseen changes and innovations. Now, after six years have passed since the approval of the new law in the 10th parliament, the general aspects of the plan to amend the Law on Organizations and the Procedures of the Court of Administrative Justice have been discussed and many issues have been raised in legal-judicial circles. In this research, we seek to examine and analyze the changes made in the project in question with a critical approach. Since the generality of the proposed legal plan has not been approved article by article by the Islamic Council, it is hoped that the upcoming article will express the criticisms of the plan, on the richness of the possible new law of the Court of Administrative Justice, which is better in the form of a bill. be judicial to increase the legal plan from the representatives. The positive points of the proposed plan include the provision of public law prosecutors, attention to the role of prosecutors in administrative proceedings, the use of judges who have graduated from the field of public law, the definition of specific administrative authorities, and the use of the capacity of the article. 63 mentioned about full claims. Among other critical points in the proposed plan, we can point out the one-stage processing of the votes issued by the special administrative authorities in the Court, the limitation of the jurisdiction of the General Board of the Court of Administrative Justice, and the determination of the deadline for filing lawsuits for the Court's claims. The results of this research show that compared to other previous laws of the court, the proposed plan is accompanied by many changes, although it can qualify for a more worthy status. The research method in this article is descriptive-analytical and the library method was used to collect information.
 

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Despite the recognition of the nature of non-governmental public institutions in the case of amateur sports federations in the law, sports federations in Iran's legal system are facing the challenge of legal nature, and the legal ambiguities in this field have misled the law enforcers in the executive and supervisory bodies. The legal nature of the football federation, especially in the opinions of the Administrative Court, due to the ambiguity in the validity of its statutes and the briefness in the statutes of amateur sports federations, has been the subject of more challenges than other sports organizations. The legal effects of this ambiguity have appeared in various fields, such as the administrative and employment affairs of this federation, to such an extent that the General Board of the Court of Justice, in decisions 1665 and 1666 dated 7/20/1400, considering that the football federation is not a non-governmental public institution, ruled that the jurisdiction is not included. The general board of the court has issued a ban to this federation regarding the approvals of this federation and the non-inclusion of the law prohibiting the employment of retirees. Solving these challenges depends on discovering the answer to the main question of this research regarding the quality of the legal nature of the football federation. With an analytical-descriptive method and referring to library sources and legal documents, the author has come to the conclusion that the Federation According to the statutes of the National Olympic Committee and the statutes of amateur sports federations, football is considered a non-governmental public institution, and this nature not only does not harm the independence of the federation, but also ensures its independence while maintaining its supervision.Football Federation, Court of Administrative Justice, private non-profit organization, trade and professional organization, non-governmental public institution.
 

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One of the important tools for decentralization is the transfer of decision-making power to local institutions. Local institutions manage local affairs while paying attention to the policies and measures of the central government and under its supervision and control. Municipalities, as a local public service institution, operate under the supervision of elected people's councils. One of the main sources of municipal revenue for city administration is complications, which vary according to nationality or locality, the amount and reference rate. Although at the beginning of the councils 'activity, most of the levies were set by the councils, but over time, with the passage of five-year development laws as well as tax laws, the scope of councils' involvement was limited to the point where it became clear that the councils were essentially They have no role in determining, changing and mitigating complications. With the passage of the Sixth Development Plan Law and the Value Added Tax Law adopted in 2008, the ambiguities regarding the feasibility of tax relief by the councils increased and the rulings of the Administrative Court of Justice increased the ambiguities due to the lack of a unified procedure. The VAT law of 1400 also retained Article 50 of the former law, and the issue remained virtually unresolved. However, the main question of the research is to what extent the above-mentioned laws have prohibited the granting of discounts and good prizes? In order to answer this question, while explaining the relevant laws in each discussion, the opinions of the Court of Justice are also mentioned and analyzed.
 

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In Iran's legal system, various methods are foreseen to ensure the principle of the rule of law and the hierarchy of legal norms, in the dimension of non-contradiction of the provisions of government regulations with laws. Among the most important of these methods is the supervision of the speaker of the parliament (the subject of principle 138) and the supervision of the Administrative Court of Justice (the subject of principles 170 and 173) on government regulations. The review of the Speaker of Parliament's supervision of government regulations indicated the ineffectiveness of this method of supervising government regulations. Regarding the supervision of the Administrative Court of Justice, although the approval of Article 120 of the Law of the Administrative Court of Justice is considered as one of the desirable developments in the direction of strict supervision of government regulations and systems, the limitation of the regulations and systems subject of this article to "being an observer of public rights" has led to By adhering to this stipulation, many regulations should be excluded from the automatic and active supervision of the court. In addition, subjecting the implementation of the provisions of Article 120 to the creation of an electronic system is one of the other issues that can cause a delay in the implementation of this ruling. In order to optimize the mechanism of Article 120, it was suggested that the scope of Article 120 should include all government regulations and systems. Secondly, in the structural dimension, corresponding to each institution or each group of regulatory institutions under the deputy subject of Article 120 of the Law of the Court, an administrative group should be formed to monitor the approved regulations and systems so that active monitoring of government regulations is done in a systematic, accurate and comprehensive manner.
 

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Article number four of the constitution, which has dominance above other principles of the constitution, is the most important means of Shariah supervision of the Guardian Council over "regulations", the mechanism of which is explained in the law of formations and the procedure of the court of administrative justice. By studying the opinions of the Guardian Council, this article analyzes the procedure of the Court, among approximately 1,300 petitions, where more than 200 of which have been declared by the Jurisprudence of the Guardian Council to be inconsistent with Shariah. The question that can be raised is whether the court's procedure has been able to give effect outcome to all the shariah opinions of the council. The current procedure of the Court's proceedings shows that in some cases, the Court has not been able to apply the opinions of the jurists of the mentioned council. Also, a critical question can be asked, what are the shortcomings of the Guardian Council in guaranteeing Shariah supervision of government regulations? It should be noted that despite the existence of research on the limits of the jurisdiction of the Administrative Court of Justice, no independent research has been conducted on this issue. In this article, choosing a descriptive-analytical method, we analyze the propositions and existing mechanisms for applying this supervision. Also, suggestions are made to create a clear procedure for applying Shariah opinions of the Council to cancel the approvals against the Shariah and reduce the approval of such enactments.
 

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Enjoying a proper, healthy and hygienic work environment and protection during work and retirement due to the right to life, the right to health, the right to work and social security and the right to a healthy environment are human rights reasons for supporting hard-working and harmful workers.
Employment of workers subject to the Labor and Social Security Act working in hard and harmful jobs in order to enjoy legal protections must be obtained in these jobs. This leads to a claim under job title reform. some consider this as a dispute between the workers and the Social Security Administration, and it is primarily within the competence of the organization to deal with it. Some also consider this dispute as one of the disputes arising from the provisions of the labor law and in the category of disputes between the worker and the employer and its handling is primarily in the competence of the labor recognition and dispute resolution boards. Considering the provisions of Articles 148 and 157 of the Labor Law and Article 39 of the Social Security Law and the Unity Vote of Procedure No. 1115-1114 dated 1/4/1400 of the General Assembly of the Court of Administrative Justice, the recent opinion is more in line with laws and regulations.
 

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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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Bar Association is considered as a professional institution of the legal profession as a public service. As one of the institutions providing public services, this institution has important powers and authority in the legal profession and supervising lawyers. According to the principle of the rule of law and the principle of non-jurisdiction in administrative law, the decisions and approvals of this institution, which are adopted by its members, especially the board of directors, must be within the framework of law. To guarantee this important component, it is necessary to foresee the right to sue for the beneficiaries and the persons affected by the decisions and approvals. On the other hand, in the Constitution of the Islamic Republic of Iran, the Court of Administrative Justice is provided as a specialized judicial authority in the body of the judiciary to deal with complaints and objections to the decisions, actions, and approvals of governmental institutions. The issue of this article is the possibility of appealing the decisions and approvals of the Bar Association in the Court of Administrative Justice from the perspective of the standards of iranian administrative law, which has been tried to be solved analytically and with a critical approach. Although the precedent of the Court of Administrative Justice indicates that it doesnt consider such authority for itself, the findings of this research show that the standards of the Constitution, the legal nature of the Bar Association, and the proper guarantee of the right to sue for the beneficiaries and citizens require the Court of Administrative Justice To be recognized as the original authority for dealing with lawsuits from the approvals and decisions of the Bar Association.