Document Type : Article
Authors
1 PH.D. Student in Public Law. Department of Public Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2 Prof. Department of Public Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Department of Public Law, Faculty of Law and Political Science, University of Tehran).
3 Associate Prof. Department of Public Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, (Faculty of Islamic Studies and Law of Imam Sadiq University)
Abstract
The Court of Administrative Justice has been the authority for handling claims arising from the exercise of public rights. The authority of people's grievances against the ruling power in administrative and institutional affairs arising from the constitution. Based on principles 170 and 173 of the constitution a judicial institution has been established to deal with people's grievances and complaints against government agencies and their officers. Decision No. 792 of the Supreme Court has recognized the grievance of the government in the Court of Administrative Justice. After this judicial procedure, the judges are focused on the fact that the government has the right to appeal against all the decisions of quasi-judicial authorities. The main question of the article is whether this decision is in conflict with the constitution, the fundamental principles of public law and the principle of impartial proceedings? This article argues with a descriptive and analytical method that despite the requirements of the constitution, regardless of the fundamental principles of public law, the judicial system's understanding of people's right to appeal has been challenged. In addition to violating Article 173 of the Constitution, the aforementioned decision has effects and consequences, such as increasing and expanding the government's authority, as well as limiting the rights and freedoms of citizens.
Keywords
- The Court of Administrative
- Groundwater Affairs Commission
- Supreme Court
- Complaint
- Judicial Supervision
Main Subjects
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