جستجوی مقالات مرتبط با کلیدواژه "عدالت اداری" در نشریات گروه "علوم انسانی"

Developments in the amendments of the Administrative Court of Justice Act (1402 Amendments) move the Iranian administrative procedure system towards solving some of the major challenges of people's litigation, however, some other challenges in the text of the amendment draft, especially the competence of the court to deal with effective institutions in the public sphere, were not resolved due to various reasons, including the opposition of the high judicial authorities in the process of the hearing process of the State Exigency Council, but the innovations contained in the amendments make this Act generally progressive and specifically in the field of designing mechanisms for the enforcement of rights through changes in the conditions of being a beneficiary and the possibility of filing a complaint by the "Prosecutor General", "General Inspectorate of the State", "Supreme Audit Court", "Related Non-governmental Organizations" and "Deputy common rights of the Court" has made a progressive.

Fair trial is one of the most important discourses in legal literature, which aims to achieve a favorable legal and judicial system that protects the rights and freedoms of individuals in the best possible way and realizes justice in all areas. Administrative proceedings are not an excepted and must be subject to the standards and principles of fair trial. The principles of fair trial are divided into two categories: general and comprehensive standards of fair trial and specific standards of fair trial which oversee the three stages of proceedings and administrative lawsuits (file action, hearing a case and decision making about the case and its enforcement). In this article, which is written with a descriptive-analytical method, are analyzed the recent developments and amendments of the Administrative Court of Justice Act in the section on the execution of judgments from the perspective of the principles of fair trial in the phase of judgment issuance and execution and concludes that a significant part of the recent developments in the field of execution of judgments has been a positive step towards the realization of fair trial.

The conception of administrative justice in any legal system is a function of political action. That is, it is more a product of the political agreement of the nation of land than a metaphysics conception. This concept primarily focuses on the fair distribution of resources and then on fair administrative decisions. Administrative justice is the basis for the structuring of the administrative system into an advanced legal system that applies to the equitable distribution of wealth through administrative law and legal principles derived from the customary concept and are sometimes defined in procedural and substantive principles in administrative court proceedings. Therefore, we are faced with a concrete concept that understands the system of administrative law and public law as defined by legal principles. These concepts are shaped by common social values and, after legal incorporation, their customary concept becomes legal. The concept of administrative justice in the judgments of the Administrative Justice Court has been expressed in two principles of impartiality and proportionality. The first principle deals with the concept of administrative justice procedures and the principle of proportionality of its substantive concept. Therefore, the most important application of the concept of administrative justice is to determine the legal principles that are relevant to it in administrative proceedings and in the jurisdiction of the administrative justice court.

Today, developments in administrative law have given rise to new concepts. In recent decades, administrative law has sought to establish and seek methods and tools that seek to address the needs of administrative affairs and establish an efficient system. In this regard, many countries have adopted laws containing the basic principles and components of administrative law, which is very effective in creating a proper administrative system. "Good governance" is one of these emerging concepts. The present study shows that authoritarian political systems that do not arise from the people's vote and do not see themselves as accountable to the people are the most important factor for corruption in societies and administrative systems. Therefore, in the traditional models of government affairs, in order not to infect the administrative system with corruption, they proposed the theory of separation of the political system from the administrative system, but in the Islamic system, inspired by revelatory teachings, the political system is the basis of the administrative system. The way that health and corruption in the administrative system is affected by the health and corruption of the political system. Also, correct and fair judgment prevents the contamination of government employees and agents with various violations and ensures the health of the apparatus. Islam's special emphasis on securing the rights of judges and monitoring their performance due to the importance of the health of the judiciary on the health of agents Administrative offices.

Reviving the Kant`s contractualism is able to foundation for evolving the modern administrative law and reflecting the universal values in construction of administrative order, especially in ages that globalization has been affecting on administrative law scope. Developing the judicial review on administrative acts, administrative trial and values of good governance are the most famous indication of emerging of universal administrative law system. This article seeks to answer a question about how to construct and combine the concept of administrative justice of the contract-foundation with a descriptive-analytical method, which seems to be a suitable context for the development of the above values in the field of administrative law. Administrative justice is a concrete phenomenon that cannot be found only in the legal context. In other words, the emergence of administrative justice in the modern state is the product of the coexistence of public interest and contractism. This concept of administrative justice is distinct from the ancient concept of justice in classical states. In this context, administrative justice is a concept based on social contract and public interest that harmonizes social developments and public will with the legal structure. In fact, this coexistence is the starting point of administrative justice with the emergence of the government.

Preemptory Norms and International Commercial Arbitrations; A Comparative Study in Iran, Germany, the UK, and the US Legal Systems Hamidreza Rostami Abstract Arbitration is regarded as one the most preferable ways of the pacific settlement of disputes in international commercial claims due to the advantages it has over judicial resorts. One of the most important feature of arbitration, inter alia, is the authority of the will principle. However, it must be noted that this principle would be balanced in cases of contradiction to the ordre public and Jus cogens. In these cases, it is the preemptory norm which would prevail. To the extent these norms affect the principle and the recognition of these norms are of a high importance in the arbitral processes. This essay will focus on the scope and extent preemptory norms have effects on international commercial arbitrations.

The present article is a comparative study that compares two institutions of the Court of Administrative Justice of Iran and the Council of State of France. In this comparative study, the author intends to examine the implementation of an important category of administrative justice in the two legal systems of Iran and France in relation to the performance of the two judicial institutions. At first glance, it seems that both institutions have significant commonalities in jurisdiction and litigation. However, in comparison, the significant volume of unresolved cases indicates the fact that the judiciary has not been as successful in achieving administrative justice as its French counterpart. Therefore, following the answer to the reason for this fact, the results of the research show that factors such as length of the process and time of the trial, insufficient performance guarantees, non-compliance of government institutions with the decisions made, etc., are involved in this inefficiency. The data of this article have been collected by comparative-analytical method and library method.

Objection of the administrative justice conception does not occur independently of the minds of percepts; therefore, this is the objectivity of a cognitive product which enables the object of the identifier to be in conjunction with its subject and is studied in the contractual context. A review of the administrative justice theory in the contractual context, based on institutionalized methodology, is similar to John Rawls, theory of justice, requires the consideration of three components of public interest, right and need as the aspects of administrative justice in the administrative law system. The public interest is a two-dimensional concept; the first aspect concerns the actions and decisions of a kind of government and public authority which often made through the regulation and statute of law. The second one is judicial review on such acts which are the supervisions of administrative courts on the interest of government and individual benefits. Therefore, the conflict between individual benefits and public interests in this aspect of administrative justice is more prominent. The concept of administrative justice on the right is determined in formal and substance dimensions. Administrative procedure and procedural code are the means of guaranteeing the right to respect the formal right. Obtaining case decisions, as well as investigating public’s claims to the actions and decisions of the authorities, are fundamentally the types of formal right. The third dimension of administrative justice is needed that appears in the right-claim and legitimate expectations in the legal system.

Given the shortcomings of the non-religious management theory and the Western administrative law model, the lawmakers of the Constitution of the Islamic Republic of Iran, strongly rejected the bureaucracy emerging from tyrannical sovereignty, and thus, in the article No. (10) of the third principle of the Constitution, they considered "the establishment of the proper administrative system" as one of the duties of the government. Despite this ratification, there has not been a specific reference to the constituent elements and principles governing the proper administrative system by the Constitution. So this question arises as to what the proper administrative system is? And what are its principles and components? Certainly, given the principles, the paradigm and the explicit constitutional orientation regarding the sovereignty of the Islamic rules over all laws and regulations, "the proper administrative system" from the standpoint of the lawmakers of the Constitution is "the Islamic administrative system" and its components and values, which is based on the values such as justice, efficiency, order, rationality and the competence of the officials and employees. Of course, it should be noted that although there is a rational and effective mechanism for establishing a proper administrative system, but there are also problems in deploying and generalizing these components and principles. Therefore, in addition to avoiding obsolete administrative systems, the Islamic legal rights and the governing jurisprudence researches for designing the proper administrative system should be done based on the Divine revelation, and the advanced human experiences. Using a descriptive-analytical method, this paper seeks to investigate the components and principles of the correct administrative system along with its legal issues and effects.

In the early era of Islamic governments, an establishment called DiwÁn-e MaÛalim was responsible for taking care of people’s complaints about the oppressions and injustice exercised by the governmental men of position and the people in power. Taking into account such characteristics as relationship with the highest governmental official and employing powerful and righteous administrators and judges as well as a group of competent consultants have left us an effective and powerful image of an instance of reclaiming the rights of the oppressed people and of putting an end to oppressions. In this article, in addition to casting light on the nature of this social institution, special mention has been made of the aims of establishing this institution. These aims can be recounted as observing people’s rights and making people satisfied with the government and the system of supervising administrators and ranking officials. It has also sought to provide evidence for the fact that the establishment of this institution has been out of urgent necessity in an Islamic government.

Administration of justice in the society requires a law-governed relationship between government and people. One of the ways ensuring this law- governed relationship is giving to citizens the right to complain about the decisions made by administrative and governmental officials, which is referred to as administrative procedure. Although some rules and regulations were passed in this regard before the Islamic Revolution, no firm decision was taken to put this subject into practice. However, due to the establishment of the Court of Administrative Justice and other administrative authorities, after the victory of Islamic Revolution special attention was given to it. The present paper introduces a brief account of the rules and regulations of administrative procedure and the course of its development in Iran.

The court of administrative justice has crucial duty of investigating people's grievances and complaints about the decisions and performance of state and administrative organizations. Since this institution was established after the victory of Islamic Republic and as a new institution, there have been some disputes about its prerogative and jurisdiction regarding the elements of ACTIO. Having investigated the Articles of the Constitution related to the court of administrative justice, the law of this course and some of the verdicts it issues, the present paper discusses its jurisdiction about the claimant, defendant, and subject of disputes. Finally it refers to the way of classifying these prerogative and jurisdictions among the divisions and elements of the court.