Jurisprudential and legal positions of the presidency of the Administrative Court of Justice: with a look at the French law

The Court of Administrative Justice can be considered one of the important control and monitoring mechanisms to prevent violations of the Constitution. In this, the role of the head of the administrative justice court is very important. Based on this, in this research, we will discuss what are the jurisprudential and legal requirements for the presidency of the Administrative Court in Iran's legal system. In this regard, I will also have a look at the French law.

The present research was carried out with a descriptive analytical method.

According to the provisions of the law, the only necessary condition is a judicial experience of more than 27 years to be the head of the Court of Administrative Justice. Besides this condition, there is no other description in the legal texts. But in assigning the powers and describing the duties of the head of this court, it seems that the image that the legislator had in mind of the head of the court, in addition to legal and judicial expertise, also includes jurisprudence and management expertise.This article examines the legal texts, including the procedure and organization of the Administrative Court of Justice, the Law on the Coordinated Payment System and the Law on the Management of State Services, as well as the substantive interpretation of the principle of the rule of law, along with the use of jurisprudential rules and principles such as the rule of prohibiting if the Prevent better from taking precedence over good , comes to the conclusion that the law's silence in stating the jurisprudential and managerial conditions necessary for the presidency of the Administrative Court of Justice does not reduce the requirement to consider these qualities for appointing people to this position.