Judicial Review of the non-ratification of the Executive Regulations in Iran in the Light of Comparative Administrative Law
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
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.
Keywords:
Language:
Persian
Published:
Public Law Studies Quarterly, Volume:49 Issue: 3, 2019
Pages:
657 to 674
https://magiran.com/p1969718
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