Document Type : Article
Author
Assistant Prof. of Law Department of Islamic Azad University, South Tehran Branch, Tehran, Iran
Abstract
Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization.
Keywords
- effective suggestion
- administrative decisions
- good running of affairs
- General Inspection Organization.
Main Subjects
English
- A) Books
- Belton, R. K. (2005). Competing Definitions of the Rule of Law; Implications for Practitioners. Washington DC: Carnegie Endowment for International Peace.
- Freckelton, A. (2015). Administrative Decision-Making. Canberra: ANU Press.
- Graaf, K.J. de, J.H. Jans, A.T. Marseille & J. de Ridder (2007). Administrative Decision-Making and Legal Quality: An Introduction. Groningen: Europa Law Publishing.
- B) Articles
- Eskridge Jr, William N & Judith N Levi (1995). Regulatory Variables and Statutory Interpretation, Washington University Law Review, (73), 1103- 1115.
- Hart, H. L. A (1958). Positivism and the Separation of Law and Language, Harvard Law Review, (71), 607-608.
References In Persian:
- A) Books
- Abbasi, B. (2016). Administrative Law. Tehran: Dadgostar Publishing (In Persian).
- General Department of Culture and Public Relations of the Islamic Council (1985). Annotated report of the deliberations of the Parliament of the final review of the Constitution of the Islamic Republic of Iran, Vol. 3, Tehran: Islamic Council publishing (In Persian).
- Emami, M., & Ostovarsangari, K. (2010). Administrative Law. Tehran: Mizan Publishing (In Persian).
- Hart, H. L. A (2011). The Concept of Law. Translated to Persian by Mohammad Rasekh, Tehran: Nay Publishing (In Persian).
- Moean, M. (1983). Persian Culture. Vol. 1, Tehran: Amirkabir Publishing (In Persian).
- Rezaeaizadeh, M. J. (2006). Administrative Law 1. Tehran: Mizan Publishing (In Persian).
- Tarikhi, F. al din (1988). Majmaa al Bahrain. Edited by Seyyed Ahmad al Hassani, Vol. 1Tehran: Daftar e Nashr e Farhang e Eslami (In Arabic).
- B) Articles
- Aghaei Toagh, M. (2007). The basics and nature of judicial supervision over government actions: a comparative study of the countries of France, England and America. The Research Paper of the Legal Assistant and Jurisprudence Studies of the Strategic Research Center, (186), 125- 191 (In Persian).
- Aref, R. & Dehbashi, M, (2016). Inspection Organization; The Semantics of the Good Flow of Affairs and the Methodology of Determining Indicators. Administrative Law Journal, (99) , 38- 59 (In Persian).
- Emami, M., & Soleimani, M. (2014). The Personality of the Petitioner in the Administrative Justice Court, Legal Studies Journal, (1), 1- 30 (In Persian).
- Fallahzadeh, A. M., & Nejabatkhsh, M. (2014). Judicial Review of the Administrative Justice Court on Administrative Appointments. Judicial Law Views Journal, 66, 125- 144 (In Persian).
- Parvin, K., & Ehsani, H. (2020). Judicial Review of Administrative Actions in the Legal System of Iran and the United States of America. International Studies of Police Journal, (42), 182- 205 (In Persian).
- Rahamatollahi, H., & Shirzad, O. (2014). Investigating the Principle of Rationality of Government Regulations in the Legal System of England and Iran. Private Law Journal, (1), 329- 347 (In Persian).
)