Citation of the Charter of Citizenship Rights in the AdministrativeJustice Court

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

Despite the recognition of part of the rights of the nation in Chapter 3 of theConstitution of the Islamic Republic of Iran and the relevant ordinary laws,the "Charter of Citizenship Rights" -2016 - is one of the most important legaldocuments after the Islamic Revolution Which has officially recognizedlegal rights under the title of citizenship rights. In the present study, in adescriptive-analytical format, the possibility of invoking the Charter ofCitizenship Rights in the Administrative Justice Court was examined. Thefindings of this study showed that considering the role of the President in thepolitical and administrative system of the Islamic Republic of Iran andproving the legislative authority for this authority, the Charter of CitizenshipRights should be considered as government regulations and in terms ofnormative hierarchy under ordinary laws. Therefore, considering that inaccordance with Articles 167 and 170 of the Constitution and also theprocedure of the Administrative Justice Court, it is possible for judges of theCourt to invoke government regulations, this charter can be invoked in thecourt proceedings within the limits of the law.

Language:
Persian
Published:
Journal of Human and Citizenship Rights, Volume:3 Issue: 1, 2018
Pages:
1 to 21
https://magiran.com/p2408178  
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