Ray (Judicial Case Review)

Ray (Judicial Case Review)

Jurisdiction of the Court of Administrative Justice in relation to annulment of rulings on the appointment of political officials

Authors
Department of Public and International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
10.22106/jcr.2024.2032193.1480
Abstract
Judicial supervision is one of the best types of supervision over the actions of the executive branch, which prevents administrative institutions from encroaching on people's rights, as well as exceeding the legal powers of these institutions, thus preserving the rule of law. In the Islamic Republic of Iran, the judicial supervision of administrative actions is the responsibility of the Court of Administrative Justice. In this research, using a descriptive-analytical method, we have investigated an example of the supervision of the Administrative Court of Justice on administrative actions, and we have examined and analyzed the decision issued by the Administrative Court of Justice, the subject of which is the annulment of the decree appointing the vice president. From the point of view of the authors, the Administrative Court of Justice has the jurisdiction to deal with this issue; But it should be dealt with in the court's branches, because the decrees of appointment do not have a general legal effect. Also, the conditions stipulated in the Civil Service Management Law must be observed in relation to this appointment order, and being a political official has no effect, and the reasoning of the Administrative Court of Justice also agrees with this opinion.
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Articles in Press, Accepted Manuscript
Available Online from 06 January 2025

  • Receive Date 13 June 2024
  • Accept Date 04 November 2024