Ray (Judicial Case Review)

Ray (Judicial Case Review)

Criticism of the decision of the Administrative Justice Court.

Authors
1 University of Judicial Sciences and Administrative Service
2 University of Judicial Sciences and Administrative Services & Imam Sadiq University
10.22106/jcr.2024.2016163.1464
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?
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Volume 11, Issue 41
41
Winter 2023
Pages 25-38

  • Receive Date 21 November 2023
  • Revise Date 20 December 2023
  • Accept Date 14 February 2024