Public Law Studies Quarterly

The Right to Litigation for Redress of Government Inaction Regarding the Fundamental Rights of Citizens

Document Type : Article

Authors

Milad Qotbi 1
tavakol habibzadrh 2

1 Ph.D. Student in Public Law, Faculty of Law, University of Imam sadiq University, Tehran, Iran

2 Associate Prof, Department of Public Law, Faculty of Law, University of Imam sadiq, Tehran, Iran

https://doi.org/10.22059/jplsq.2021.324957.2792
Abstract
Basic rights of the people are in fact the human rights that have a divine origin and every human being deserves to enjoy them due to his/her inherent dignity. Regardless of the weak ambiguities that have been raised about litigation of economic, social and cultural rights versus civil and political rights, the basis of litigation itself is one of the basic rights of every human being and necessity requires that all types of rights be judicially claimable. In many cases, the fundamental rights of citizens are violated by the government. In this regard, the general authority for grievance is the general courts of justice, but the Court of Administrative Justice, as a special authority, has jurisdiction over the complaints of the people against the government. The Court of Administrative Justice has the authority to issue a mandatory sentence regarding the omission of actions in case actions and decisions, as well as to consider the damages caused by omission, but it has no jurisdiction over general approvals regarding omission. Also, according to current laws and the principle of narrow interpretation in criminal law, criminal courts can only deal with acts that lead to the violation of the fundamental rights of the people, and leaving the government to act in these cases is not criminalized.

Keywords

litigation
constitutional rights
omission
Court Of Administrative Justice
public courts
Subjects

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Public Law Studies Quarterly
Volume 53, Issue 3 - Serial Number 35
Autumn 2023
Autumn 2023
Pages 1677-1694

  • Receive Date 06 June 2021
  • Revise Date 18 July 2021
  • Accept Date 03 October 2021

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