Feasibility study of Legal Supervision of Specialized boards of the Court of Administrative Justice over Administrative Decisions with Comparative Study in French and England Law

Document Type : Original Article

Authors

1 Faculty of Law, Kish International Campus, University of Tehran

2 Associate Professor, Faculty of Law and Political Science, University of Tehran,

3 Associate Professor, Faculty of Tehran University

Abstract

Legal supervision, as a kind of primary and direct supervision, is a driving force and accelerates the process of proceedings in the Court of Administrative Justice.The purpose of this study is to investigate the possibility of legal supervision of specialized boards of the Court of Administrative Justice. In fact, the question is whether the role of legal oversight of the specialized bodies of the Court of Administrative Justice is fundamentally justified.Therefore, this research has studied the descriptive-analytical method and in the form of library by examining the law of organization and procedure of the Administrative Justice Court and the jurisdiction, duties and procedure of the Administrative Justice Court, the function of legal supervision of specialized committees.Article 84 The Law on the Organization and procedure of the Court of Administrative Justice in a way expresses the legal basis of the role of legal supervision of specialized committees. Decisions of specialized broads in the form of theory regarding the declaration of similarity, conflict of votes, unlawful of the enactment, the declaration of the theory acknowledging the application of Articles 85 and review Article 91 of the Court Law are among the cases of legal supervision of these specialized boards.
In fact, all the comments of the specialized broad, except for the cases of non-annulment of the enactment in the form of voting, it is considered as an advisory theory, are among the functions of the legal supervision of the specialized broads of the Court of Administrative Justice.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 1670-1688

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