The Possibility of Retroactive Statutory Interpretation With a Critical Emphasis on the Opinions of the Guardian Council and the Case-law of the Court of Administrative Justice

Document Type : Original Article

Authors

1 Assistant Professor, Department of Public Law& International, Faculty of Law& political science, University of Shiraz, Fars, Iran

2 Ph.D. student in Public Law, Department of Public and International Law, Faculty of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran

3 MA. Student in Public Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran

Abstract

One of the characteristics of law is clarity and justice. These characteristics require that the effects of laws be used to regulate and coordinate social relations based on the supremacy of justice. Likewise, the interpretation of ordinary laws which, in the opinion of the Guardian Council under Article Seventy-three of the Constitution; The expression is meant by the legislature, because it does not independently lead to the creation of a new rule, following the original law, it must have just effects. However, what is being implemented in the Iranian legal system, in the form of interpretative views of the Guardian Council and also in the field of judicial oversight of the Administrative Court of Justice, is to validate the perception of the executors, before the interpretation of the law is approved. The Guardian Council and, consequently, the Court of Administrative Justice, consider the perceptions of the executors before the interpretation of the law as the basis for not retroactive to the interpretation of the law, and consider the actions and omissions of the executors related to the law as final matters. This article analyzes the views of the Guardian Council as well as the procedure of the General Assembly of the Court of Administrative Justice in an analytical and positivist manner and analyzes the executive effects of these opinions.

Keywords

References

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History

  • Receive Date: 19 September 2021
  • Revise Date: 13 December 2021
  • Accept Date: 17 January 2022

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