Assessment of The Commission of Resolution Interferences with The Patterns and Causes of The Establishment of Quasi-Judicial Authorities; An Analysis of The Decision No. 801 Dated 22/7/2019 of The General Board of The Supreme Court.

Alizadeh, Amirhossein

doi:10.22106/jcr.2024.2026334.1478

Assessment of The Commission of Resolution Interferences with The Patterns and Causes of The Establishment of Quasi-Judicial Authorities; An Analysis of The Decision No. 801 Dated 22/7/2019 of The General Board of The Supreme Court.

Author

Amirhossein Alizadeh

10.22106/jcr.2024.2026334.1478

Abstract

Establishing quasi-judicial authorities alongside judicial authorities settle disputes with a similar function, has many advantages. These benefits, in addition to reducing the number of cases in the judicial system, absence of special formalities, little cost and its availability, provide welfare of the citizens. In addition to fulfilling such benefits, the rights of individuals must also be protected. This protection is achieved by using patterns that supervise the implementation of fair administrative proceedings. The question is, to what extent has commission followed these principles? What is the jurisdiction of this authority? Does the Supreme Court provide a clear position in this matter? The investigation shows that the optimal quality of fair proceedings has not been taken into account in this commission, and there are doubts even about the issuing of judgments. On the other hand, the competence of the mentioned authority, although it is based on the exclusiveness of the competence of the specialized authorities compared to the courts of justice, should be interpreted in the position of the text, but the basis of the formation of these authorities and the context of the phrases used in the governing regulation, give results that Supreme Court has not interpreted its jurisdiction correctly.

Keywords

Keywords: The Commission to Resolution Interferences

Quasi-Judicial Authorities

Rule of Law

Supreme Court