Examination of the Administrative Justice Court Institution in Iranian Law
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Abstract
Before the Islamic Revolution, on May 27, 1960, a law entitled "Law Concerning the State Council," consisting of 32 articles and 3 clauses, was approved by the Joint Commission of the then-existing Parliament, but it was never implemented. Following the Islamic Revolution, to establish a transparent and equitable administrative system devoid of despotism, tyranny, and monopolistic practices, a new institution was founded as outlined in Articles 170 and 173 of the Constitution. This institution commenced its operations in October 1981, after the passage of its first law, comprising 25 articles and 9 clauses, by the Islamic Consultative Assembly. Later, the Administrative Justice Court Law was interpreted or amended by the Islamic Consultative Assembly several times until finally, on August 29, 2006, a new law for the Court was passed by the Assembly. However, due to some objections raised by the Guardian Council regarding the compatibility of the law with Islamic principles, it was referred to the Expediency Discernment Council. On September 16, 2006, the Assembly deemed the replacement of Article 13 and Clause 1 of Article 19 of the Court's Law to be in the best interest of the system. Consequently, the second set of amendments to the Court's Law was implemented. According to Article 48 of this Law, the Judiciary was obligated to draft a bill of procedure for the Court within six months and submit it to the Islamic Consultative Assembly through the Government. This bill, along with its subsequent amendments, was reviewed by the Judiciary and Legal Commission of the Islamic Consultative Assembly and was eventually approved as the 'Bill on the Organization and Procedure of the Administrative Justice Court' in the Islamic Consultative Assembly on September 13, 2011. Due to objections raised by the Guardian Council and the Assembly's insistence on the previous version, the Expediency Discernment Council finally approved this bill with amendments to articles 94, 90, 89, 12, and 10 on March 15, 2013, deemingbased on the expediency of the system. This article introduces the institution of the Administrative Justice Court in Iran.
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