Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Citizen's rights and the limitation and expansion of the powers of the Administrative Court of Justice

Document Type : .

Authors
1 PhD student of Public Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2 Professor Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran: (corresponding author).
3 Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
10.22034/ejs.2023.384189.1370
Abstract
Background and Aim: The Court of Administrative Justice has been created following the example of the French Council of State to prevent the violation of the rights of senior citizens against the superior power of the government. The purpose of the present research is to establish and expand the powers of the court within the framework of citizenship rights.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical.
Findings: All people can complain to this institution if they are dissatisfied with the decisions and approvals of the government and government institutions and consider it against the law or sharia and demand its cancellation And this has caused the government institution, especially the executive branch, to be careful in its decisions and actions and to try not to take a decision that is against the law and Sharia.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The approval of the note of Article 12 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 2012 has further limited the competences of the Court of Administrative Justice within the framework of Article 173 of the Constitution. Since the Administrative Court of Justice is the exclusive judicial authority for people's grievances against the government, the framework for guaranteeing citizen rights will also face challenges.
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