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:: Volume 4, Issue 12 (3-2016) ::
Public Law 2016, 4(12): 69-88 Back to browse issues page
The Governing Legal System on the Reconsideration of the General Board of the Administrative Justice Court’s Decisions (The Study of the Articles 91 and 94 of the Act of Organization and Rules of Procedure of the Administrative Justice Court)
Abstract:   (2664 Views)

The General Board of the Administrative Justice Court is one of the pillars of this court with numerous jurisdictions. This Board handles complaints of administrative regulations. If the regulation that has been objected, is contrary to the law or Sharia or is out of its powers, the Board invalidates it. Also, the Board is empowered to issue a uniform judicial precedent and to make precedent in all branches of the Court. The judicial decisions issued by the Board are final and binding; but according to articles 91 and 94 of the Act of Organization and Rules of Procedure of the Administrative Justice Court, the Board’s judicial decisions will be reconsidered on the Board in exceptional cases. Violation of law or Sharia, claim of false and conflict of decisions provide incentives that would lead to the reconsideration of the General Board's judicial decisions. In this article, the author has examined the causes, procedure and effects of reconsideration of the judgments, based on the precedent of the court. The results of this study indicate that although the procedure and effects of implementing the article 91 is determined to a large extent, but there are already some doubts in implementing the article 94.

Keywords: Reconsideration, Administrative Justice Court, General Board, Jurisprudential Supervision, Authority of Res Judicata, Principle 4 of the Constitution.
Full-Text [PDF 280 kb]   (2150 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اداری
Received: 2016/07/23 | Accepted: 2016/07/23 | Published: 2016/07/23
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The Governing Legal System on the Reconsideration of the General Board of the Administrative Justice Court’s Decisions (The Study of the Articles 91 and 94 of the Act of Organization and Rules of Procedure of the Administrative Justice Court). Public Law. 2016; 4 (12) :69-88
URL: http://mag.shora-rc.ir/article-1-343-en.html


Volume 4, Issue 12 (3-2016) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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