جستجوی مقالات مرتبط با کلیدواژه "قانون مداری" در نشریات گروه "فقه و حقوق"

Two categories of the judicial role in political society can be separated: the activist judge and the self-restrained judge. The activist judge utilizes the judicial office to realize social ideals such as protecting people's rights and social justice. On the other hand, the self-restrained judge tries as much as possible to apply the law with a textual approach and avoids activism. The article provides a theoretical framework for understanding judicial activism. Judicial activism has significant risks and may harm legal values such as the rule of law, separation of powers, and democracy. Despite all this, the article argues that we can talk about legitimate judicial activism under certain conditions. So we must think about the activism's direction and political context. The article shows that it is justified for judges to resist the "lawmaker's war against the rule of law" and actively protect people's rights against the encroachments of the ruling system..

The judicial review is a control that its sanction is annulment of administrative act (regulations) or obligation of administrative authorities to do it according to judicial verdict. Consequently, the judicial review is the relation between two competences: the executive competence that regulations are established in this framework and the control competence that judicial review is applied in its context. Perhaps, the most effective competence of the Administrative Justice Court is the judicial review competence on the regulations mentioned in article 19(1), where investigation of them is by the General Assembly as the highest authority in the Administrative Justice Court. The aim of this article is to analyze methods of applying the judicial control of regulations by Administrative Justice Court (formal and substantial) and evaluation of their legality standards. In this scope, we are going to prove the hypotheses that by distinction of the parties of article 19(1) and extensive interpretation of them, the General Assembly can have an absolute and general control over regulations. In fact the judicial review should not be based on a limited interpretation of Article 19 (1). Instead, this control can be applied more effectively by considering the logic of functions of the Administrative Justice Court according to articles 170 and 173 of the constitution of the Islamic Republic of Iran and general principles of the administrative law and public law (effective protection of citizenship rights and guaranty of legal security).