Document Type : Original Article
Authors
1
PhD Student in Public Law, Semnan Branch, Islamic Azad University, Iran, Semnan
2
Professor of the entire Mustafa International Society, Qom
3
Assistant Professor of Public Law, Semnan Branch, Islamic Azad University, Iran, Semnan
10.30510/psi.2022.344997.3523
Abstract
The principle of equality and non-discrimination in Iranian administrative law means that individuals are not equal in equal conditions in enjoying social, economic, political and cultural rights. Such as no tax exemption, no special court, no discrimination in obtaining jobs and positions and employment affairs, etc. The principle of equality requires that citizens and individuals of society enjoy the benefits of the principle of equality and non-discrimination such as equality in public and administrative services گردند. But in the Iranian administrative system, this principle has been excluded and violated more than other areas. In contrast to other inalienable legal principles such as the rule of law, the principle of fair trial, the principle of meritocracy and the principle of accountability and contrary to law, respect for legitimate freedoms and protection of civil rights, the Charter of Presidential Citizenship and ....
Some of the laws or approaches that prevent citizens from being equal in many public positions, including presidential, judicial, and military positions, can be mentioned. However, in some discriminations, it can be justified under the heading of positive discrimination (valid) and there is no escape from them. The principle of irrationality in administrative law, which is influenced by irrational decisions and outside the rules of the authorities of administrative law, and is considered as a violation of the principle of equality and prohibition of discrimination in administrative law.
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