Feasibility of filing a complaint by legal entities of public law in the branches of the Court of Administrative Justice; Analysis of the decision of unity of judicial procedure No. 803 of the Supreme Court

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doi:10.22106/jcr.2024.559926.1423

Feasibility of filing a complaint by legal entities of public law in the branches of the Court of Administrative Justice; Analysis of the decision of unity of judicial procedure No. 803 of the Supreme Court

Author

. .

10.22106/jcr.2024.559926.1423

Abstract

Considering the basis of protection of people's rights, examining the possibility of filing lawsuits by public law legal entities and government organizations in the primary branches of the Court of Administrative Justice by refusing to challenge the final decisions of specialized authorities by these institutions before the general courts of justice is an issue that The present article aims to analyze the unanimous decision of the Supreme Court No. 803. In other words, by accepting that in the case of appeals or open lawsuits, the executive body will have the possibility to act as a plaintiff, is it acceptable for these bodies to raise objections against the opinions of quasi-judicial bodies such as the Commission of Article 100 of the Law of Municipalities? By examining and analyzing the decision of the Masharaliyeh, it seems that the possibility of protesting the decisions of quasi-judicial authorities can be recognized by considering legislative and judicial solutions.

Keywords

: Supreme Court

Court of Administrative Justice

quasi-judicial authorities

first-instance branches

appeals branches

public law

Subjects