Criticism of the decision of the Administrative Justice Court.

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

The Administrative Justice Court , in its ruling regarding the non-revocation of the decree related to the prohibition of re-education in an academic field based on the principle of avoiding inequality and extravagance, did not refer to specific legal articles and was limited to general principles. The Court's decision is also not in accordance with Article 166 of the Basic Law, although Article 30 is cited. On the other hand, the court did not consider all the circumstances of the case, such as the plaintiff's lack of use of government facilities in the first education. In this research, the authors based on the descriptive-analytical method have analyzed and interpreted the aforementioned ruling from the aspect of form and substance, and have answered the question whether the aforementioned ruling, by creating this prohibition, is somehow contrary to the 22nd article of the constitution, the principle Is the rule of law a violation of civil rights?

Language:
Persian
Published:
Judicial Case Review (Ray), Volume:11 Issue: 4, 2022
Pages:
25 to 38
https://magiran.com/p2792091