The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

THE IDEAL SYSTEM OF TRIAL IN ADMINISTRATIVE TRIBUNALS A comparative study with emphasis on I.R.I

Document Type : Original Article

Authors
1 Assistant Prof., Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, Iran
2 Assistant Prof., Department of Law, Faculty of Economics and Law, Ferdowsi university, Mashhad, Iran
3 MA Student, Department of Law, Faculty of Literature and Humanities, Bu_Ali Sina University, Hamedan, Iran
Abstract
Administrative specialized authorities or administrative tribunals are those authorities that hear administrative actions in legal systems. The specific nature of actions heard in these authorities has led to the fact that they commit themselves to observe principles of administrative law such as "expertise", speed in trial, absence of judicial procedures and unjudicialization policies in one hand and in the other hand, they consider and observe principles of fair trial since they hear to adversarial proceedings. In Iranian legal system it is more than several decades that the diversity and largeness of these actions has caused us to face various types of these authorities with different titles, inter alia, Commission, Hey`at, Council, Administrative tribunal, Administrative authorities and so on. Lack of legislator's effort, absence of clear theoretical bases regarding these authorities, lack of administrative procedure, not to be governed by principles of administrative law and lack of independence and neutrality etc. all have caused that these authorities don’t function properly and face abundant difficulties.
Keywords
Subjects

1. Aghaei, Mohebollah (2010), A Comparative Study of the Procedure of the Court of Administrative Justice of Iran and
French Government Council, Tehran: Jangal Publications.

2. Emami, Mohammad and Stavarsangari, Kourosh (2012), Administrative Law 1 and 2, Tehran: Mizan.

3. Emami, Mohammad and Stavarsangari, Kourosh (2011), Administrative Law, Volume 2, Tehran: Mizan

4. Ansari, Waliullah (2006), Generalities of Administrative Law, Tehran: Mizan.

5. Trotaba, Oei, Jean-Marie Coutre (2008), Tax Law, translated by Mohammad Ali Yazdanbakhsh, Tehran:
خاتون.

6. Jafari Langroudi, Mohammad Dejafar (1996), Encyclopedia of Law, Volume 3, Fifth Edition, Tehran: Amir Kabir.

7. Damghani, Mohammad Taghi (1978), one hundred years ago, Tehran: Shabgir.

8. Michel, Andre and La Lumière, Depier (1997), Public Law, translated by Abolfazl Ghazi Shariat
Panahi, Tehran: Justice.

9. Rostami, Vali (2009), Administrative Divan in the light of the principles of fair trial, with the cooperation of Muslim
Mr. Toogh and Mr. Hassan Lotfi, Tehran: Orientation.

10. Rezaeizadeh, Mohammad Javad (2005), Administrative Courts in France, Tehran: Deputy Director.

11. Sabino, Sabz (2012), Formation of Administrative Law, translated by Mojtaba Vaezi, Shiraz: Shahrdad.

12. Tabatabai Motameni, Manouchehr (2008), Administrative Law, Tehran: Samat.

13. Molabigi, Gholamreza (2014), Jurisdiction and Procedure of the Court of Administrative Justice, Tehran: Jangal.

14. Mir Hosseini, Seyed Hassan and Abbasi, Mahmoud (2011), Law and Administrative Violations, Third Edition, Tehran:
Legal.

15. Vaezi, Mojtaba (2014), Principles of Administrative Law; Theoretical Poverty of Hepardation in Iran, Thoughts
Administrative Law, Tehran: Majd.

16. Hadavand, Mehdi and Mr. Yatough, Muslim (2010), Special Administrative Courts in the Light of Principles
Fair trial, Tehran: Khorsandi.

17. Hadavand, Mehdi (2016), the final decision-making rules in administrative law, with the cooperation of Morteza
Najab Takhva, Muslim Mr. Yatough, Ali Mashhadi, Erfan Jam, Farhad Yazdani and Mojtaba Hemmati, third edition,
Tehran: Khorsandi.

18. Hadavand, Mehdi and Yazdani Zanvar, Hormoz (2011), Legal system for toll disputes
Municipality, Tehran: Jangal.

19. Hadavand, Mehdi (2010), Comparative Administrative Law, Tehran: Samat.
20. Mr. Toogh, Muslim) 2007, Principles and nature of judicial oversight of government actions: A study
Comparative Countries of France, England and the United States ", Journal of Legal Assistance and Jurisprudential Studies
Strategic Research Center, No. 1, pp. 191-125.

21. Emami, Mohammad and Mousavi, Seyyed Fazlollah) (2004) Theoretical foundations of quasi-judicial authorities and
Their place in Iranian law ", Journal of Social Sciences and Humanities, Shiraz University, Volume 21, Number 2,
Pp. 110 - 93.

22. Parvin, Khairollah and Rahimi, Fat Haleh and Haghighi, Mehri) «,) 1398 Comparative comparison of religion
"Appeal against the rulings issued by the Court of Audit and the General Courts of Justice", Danesh
Tax Law, Second Year, No. 7, pp. 42 - 21

23. Khosravi, Ahmad and Rostami, Vali (2013), a suitable model for drafting the law of administrative procedure
In Iran and its necessity; The French or English System ", Comparative Law Studies, Volume 17, Number 2,
Pp. 117 - 95.

24. Khosravi, Ahmad and Rostami, Vali (2013) "Possibility of codification of the Code of Administrative Procedure,"
Quarterly Journal of Judicial Law Perspectives, Volume 18, Number 64, pp. 102-88.

25 . Rajabi, Abdullah and Karimian, Ismail) (2010) Judiciary and Judicial Independence
Criminal Law, Volume 1, Number 1, pp. 93-73.

26. Savadkoohifar, Sam) «,) 2005 Comparative study of the principle of unity or separation of powers in proceedings
Iran », Journal of Constitutional Rights, No. 5, pp. 128-117.

27. Shahnaei, Khalil) «,) 2007 The position of the Court of Administrative Justice in providing administrative and social justice,»
Legal Research Letter, No. 1, pp. 60-41.

28. Gorji, Ali Akbar (2008) Rule of Law and Restrictions on the Right to Litigation
Administrative Justice ", Journal of Constitutional Rights, No. 9, pp. 190-149.

29. Moradkhani, Fardin) 1393 Administrative Courts in Iran; "Ambiguity in the basics, confusion in the practice,"
Journal of Constitutional Rights, No. 22, pp. 60-37.

30. Yavari, Assadollah) ", 2004) The right to a fair trial and a new procedure,"
Journal of Constitutional Rights, No. 2, pp. 253-2

31. Khosravi, Ahmad) «,) 1392 Legal pathology of administrative divisions in Iran and model presentation
Single Administrative Procedure, Comparative Study with England », PhD Thesis, Farabi Campus
University of Tehran .

32. Shafiee Sardasht, Jafar) «,) 1394 The optimal model of the national inspection system: a comparative study
With emphasis on Iran ", PhD Thesis in Public Law, Shahid Beheshti University.

33. Fathi, Younes) ", (2016) The optimal system of proceedings in administrative courts", PhD thesis, University
Shahid Beheshti.
34. Barak, Aharon (2006), the Fudge in a Democracy, Printechion, iprintection university press.

35. Council of Canadian Administrative Tribunals (2007), »Administrative Tribunals in Canada«, Plain-
Language Guide for people with Low literacy skills, 2007.

36. Franks, sir Oliver, Report of the committee on administrative and Inquiries, (GCMG KCB CBE).
Cmmd 218
Volume 1, Issue 1 - Serial Number 1
First year, first issue, winter 2019
Winter 2020
Pages 73-94

  • Receive Date 25 February 2020
  • Revise Date 23 March 2020
  • Accept Date 12 April 2020