The legal system governing adjudicating arbitrary laws and the law in the Administrative Justice Court (Explanation of Article 79 of the Law on the Establishment and Procedure of the Administrative Justice Court)

Document Type : Research Article

Authors

1 Professor, Deputy of Supervision and Inspectionand & Court of Appeal Judge of the Administrative Justice Court, Iran

2 Ph.D. Student in (Public Law) Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran

Abstract

With the ratification of the Law on the Establishment and Procedure of the Court of Administrative Justice, adopted in 1392, the Expediency Council, and subsequently the removal of the Branches of Detection, a two-stage hearing in the Administrative Court, it was again foreseen that among the most important and influential powers of the reviewing branches, Or law, which is applicable to the application of Article 79 of the Law on the Organization of the Court. In accordance with the aforementioned provision, the exceptional nature of the special authority in the extraordinary hearing is for the head of the judiciary and the chairman of the Administrative Justice Court to refer the definitive opinions of the Divisions of the Administrative Justice Tribunal, which are contrary to law or the Sharia, for referral to the Tribunal's Appeal Courts. In this study, by studying the history of dealing with the opposing opinions in the post-revolutionary laws, and in particular the laws and regulations after the Islamic Revolution, the judicial analysis and the opinions of the General Board of the Administrative Justice Court in response to the challenges, ambiguities and scope of the proceedings in the form of the application of the article Article 79 of the Code of Administrative Justice has been reviewed

Keywords

The Journal of Islamic Law Research
Volume 20, Issue 2 - Serial Number 50
February 2020
Pages 579-610

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History

  • Receive Date: 01 November 2019
  • Revise Date: 15 February 2020
  • Accept Date: 05 March 2020

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