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:: Volume 5, Number 16 (2-2017) ::
Public Law 2017, 5(16): 103-128 Back to browse issues page
The Right to Access to Judiciary in the Administrative Justice Court with regard to the Comments of the Guardian Council
Abstract:   (553 Views)

The Right to Access to Judiciary in the Administrative Justice Court with regard to the Comments of the Guardian Council

 
Mojtaba Hemmati*
Assistant Professor, University Of Judicial Sciences and Administrative Services
 

Abstract

Undeniable and unrestrainable is the absolute right to access to Judiciary guaranteed with the Article 34 of the Constitution of the Islamic Republic of Iran. Beside this, Articles 170 and 173 of the Constitution are the institutional guarantees of the right to petition by means of the Administrative Justice Court. Following issues would be raised in this regard: would the Law on the Organization and Procedure of the Administrative Justice Court provide the absolute right to access to justice or the current mechanism needs essential amendments? Would the Comments of the Guardian Council regarding the legislative process in the area of Articles 170 and 173 of the Constitution strengthen the right to access to justice or undermine it? This research through collecting data from various legal sources and with a descriptive-analytic method seeks to answer these questions. It seems that the Law on the Organization and Procedure of the Administrative Justice Court can’t fully provide the right to access to court and administrative justice. Therefore, the structure and jurisdiction of the administrative justice system necessarily should be amended toward a result-oriented approach by means of changing the attitude and by cooperation of the related entities; the Judiciary while preparing the judicial bills set forth in Article 158, the Islamic Consultative Assembly and if necessary, the State Expediency Council while enacting bills and the Guardian Council while reviewing the Constitutionality of the enacted bills. It seems the ideal status of the administrative justice system requires the Articles 170 and 173 of the Constitution to be amended.
 
*E-mail: Mhemmati1358@yahoo.com
Keywords: Right to Access to Judiciary, Administrative Justice Court, Guardian Council, Judicial Review of Administrative Acts.
Full-Text [PDF 387 kb]   (225 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اداری
Received: 2017/11/15 | Accepted: 2017/11/15 | Published: 2017/11/15
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The Right to Access to Judiciary in the Administrative Justice Court with regard to the Comments of the Guardian Council. Public Law. 2017; 5 (16) :103-128
URL: http://mag.shora-rc.ir/article-1-544-en.html
Volume 5, Number 16 (2-2017) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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