جستجوی مقالات مرتبط با کلیدواژه "مقررات اجرایی" در نشریات گروه "فقه و حقوق"

Sometimes legislator confers to the administrative bodies the ratification of the executive regulations. In such cases, the refrainment or procrastination of the administration would be contrary to the rule of law and would infringe the rights of the citizen. In these situations, is it possible to sue the administration through the Court of the Administrative Justice and compel the administration by injunction to pass executive regulations? In some countries like France and Spain citizens can refer the case to the administrative courts and receive the injunction order against the administration. But in Iran none of the three laws enacted in 1982, 2006 and 2013 about the Court of Administrative Justice does not considered this problem and so it is not possible to sue the administration. In order to empower the Court of the Administrative Justice to hear such cases it is necessary to amend the Law on the Organization and the Procedures of the Court of the Administrative Justice (2013). Research method is analytic based on comparative studies.

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).