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Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   winter 2019 , Volume 14 , Number 38 #m00563; Page(s) 67 To 98.

The role of the Justice Administrative Court in the realization and guarantee of citizenship rights

Author(s):  Yazdani Rasoul, TAVASSOLI NAINI MANUCHEHR*
* University of Isfahan, Isfahan, Iran
Citizenship rights means a set of rights and duties that citizenship in today's modern society has always been subject to abuse and aggression by governments. In Iran, in pursuance of Article 172 of the Constitutional Review Law, the title of the Court of Administrative Justice has been established in order to investigate complaints and grievances against the decisions of agents and actions contrary to the law of administrative agencies. This court is rooted in the French state council. The legislator, before the Islamic Revolution, also approved the establishment of a state council by imitation of the French state council, but for some reason the council did not succeed at that time. A review of the effectiveness of the Administrative Justice Tribunal has shown that this reference has a more citizen-centered approach than state-centered and has many strengths in this regard. However, due to the challenges and legal constraints, it still has a long way to go to the desired point in order to play this role. Therefore, according to the principle of rule of law, administrative authorities are required to decide in the framework of laws and regulations. In the laws and regulations for decision-making, administrative authorities are required to comply with which would violate these decisions. In the legal system of Iran, the Administrative Justice Court of the Judiciary is in charge of overseeing compliance with these requirements by administrative authorities, and judicial review of personal administrative decisions is within the jurisdiction of the Administrative Court. This article seeks to answer the question of what the divisions of the Administrative Justice Court need to do to make administrative decisions for the realization and guarantee of citizenship rights. The Administrative Court's Administrative Branches, in pursuance of this duty, in their respective votes, shall specify the requirements that the administrative authority is required to comply with in its decisions, including legality, equality and non-discrimination, documentary evidence of administrative decisions, case They have paid attention and violated administrative decisions if they did not comply, because they would violate citizenship rights.
Keyword(s): Decision making,Personal administrative decisions,Rule of law,Citizens' Rights,Administrative Justice Court
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