Document Type : Original Article
Authors
1
PhD Student in Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
2
Assistant Professor, Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3
Department of Public Law, College of Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
4
Islamic Azad University, Shiraz branch
10.30510/psi.2022.306413.2363
Abstract
Administrative courts play a variety of roles in ensuring a fair trial in the fundamental legal systems of different countries. Of course, in some constitutional law systems, such as the Iranian legal system, the administrative courts do not play a major role in ensuring a basic trial, and it is mainly quasi-basic institutions such as the Guardian Council that perform this task. This descriptive-analytical research seeks to answer the question of what is the role of administrative courts in ensuring a fair trial in the legal systems of Iran and Germany? The result of the present study is that in the German Constitution, the role of the Constitutional Court, the protection of fundamental rights (Article 18 of the German Constitution); 2. Decisions on the illegality of political parties (paragraph 2 of Article 21 of the German Constitution); 3. Regarding the deprivation of political parties of receiving government financial aid (paragraph 3 of Article 21 of the German Constitution); 4. Complaints about Bundestag decisions affecting the validity of elections or the benefits or harms of losing a Bundestag seat. (Paragraph 2 of Article 41 of the German Constitution); 5. In connection with complaints from unions about their non-recognition as a political party for the Bundestag elections. However, none of these powers are provided for by the Court of Administrative Justice of Iran, and it is the institution of the Guardian Council, which guarantees not only the German Constitutional Court but also the Constitutional Court to a lesser extent.
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