Public Law Studies Quarterly

Applying competition rights to the issuance of a lawyer's license: The ‎conflict between the exercise of governmental supervision and ‎professional freedom

Articles in Press

Document Type : Article

Authors

Maryam Mirzakhani 1
Mahmood Bagheri 2
Vali Rostami 3

1 PhD student in Public Law, Faculty of Law, Theology and Political Science, Science and Research ‎Branch, Islamic Azad University, Tehran, Iran

2 Associate Prof. Department of Private Law, Faculty of Law and Political Science, University of ‎Tehran, Tehran, Iran

3 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, ‎Tehran, Iran‎

https://doi.org/10.22059/jplsq.2024.370100.3450
Abstract
Considering the reluctance of the business licensing authorities whether governmental or professional, to change the market conditions in terms of the number of operators in each field as well as the policy of preventing the possible expansion of competitors. the main purpose of the present study is to examine and evaluate the approach of the regulatory body of the Competition Council in facing With the issuing the license of the bar. The model of competition in the field of advocacy requires that the optimal allocation of resources be balanced by the market itself. The implementation of law and justice also supports the opinion that in protecting the status of jobs, according to the physical and scientific needs and capacities of the country a reform approach should be adopted, the purpose of which is to remove the criterion of capacity limitation and instead to measure and The assessment of a person's scientific skill and qualification should be based on a scientific, reasonable and transparent standard instead of the number of people (saturation), and with due regard to all the different dimensions and social relationships, matters related to life, property and welfare of the people should be in the hands of competent people.

Keywords

business improvement
‎regulation
governance ‎and tenure
rule of law
‎public order
monopoly ‎caused by licensing.‎
Subjects

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Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 March 2026

  • Receive Date 31 December 2023
  • Revise Date 14 April 2024
  • Accept Date 15 September 2024

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