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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SUMMER 2010 , Volume 12 , Number 29; Page(s) 351 To 386.
 
Paper: 

FAIR TRIAL AND EVOLUTIONISM IN THE DRAFT LAW OF THE PROCEEDINGS BEFORE THE ADMINISTRATIVE COURT OF JUSTICE

 
 
Author(s):  GORJI AZANDARIANI ALI AKBAR*
 
* SHAHID BEHESHTI UNIVERSITY
 
Abstract: 

Administrative law's objective is to settle on behalf of the public interest, the actions of public authorities. To this end, the rules of administrative procedure play a prominent and strategic role.
After an unacceptable delay, the Judiciary and the Executive have finally submitted the "the draft law of the proceedings before the Administrative Court of Justice” at the Iranian Parliament.
It is true that the legalization of the administrative procedure is in itself a major step towards the establishment or strengthening the rule of law, the provisions inserted in the bill are not very convincing.
“The draft law of the proceedings before the Administrative Court of Justice” sticks to a simple coding and does not reform. Moreover, it ignores, in some cases the rules of a fair trial. For this reason, legitimacy and effectiveness of this law may be questioned.
In the lack of precious and update regulation, administrative procedure can’t satisfy its supervision task.

 
Keyword(s): ADMINISTRATIVE JUSTICE, THE COURT OF ADMINISTRATIVE JUSTICE, ACCESS TO JUSTICE, FAIR TRIAL
 
References: 
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