The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The Ratio between the status and jurisdictions of the Supreme Court and the Administrative Justice Court

Document Type : Original Article

Authors
1 Assistant Prof., Department of Law, Faculty of Humanities, Semnan University, Semnan, Iran
2 PhD. in Public Law, University of Tehran, Tehran, Iraد
Abstract
The Supreme Court, is at the top of Courts in the hierarchy of the Iranian courts. Article 161 of the Constitution, stated monitors the proper implementation of laws in courts and the creation of a unified judicial system is authority for this institution. Also, Ordinary law, provides specific jurisdictions for Supreme Court, such as resolving disputes over the jurisdiction. Given the ambiguities and deficiencies about relations between Supreme Court and the Administrative Justice Court, this article explores the ratios of these courts in a descriptive-analytical format. The studies showed that the Administrative Justice Court as a special tribunal is in the hierarchy below the Supreme Court and therefore subject to the jurisdiction of the Supreme Court Country. Also, the ordinary legislator's approach was identified in recognizing the Supreme Court's role in resolving jurisdiction disputes between the Courts consistent with the Supreme Court's position. To this end, a specialist structural prediction on matters relating to public law in the Supreme Court is proposed.
Keywords
Subjects

1. Abazari Foumani, Mansour (2013), Modern Law Terminology, Tehran: Shahid Dariush Publications
Noorullahi, Volume II.

2. Abolhamad, Abdolhamid (1349), Administrative Law, Tehran: University of Tehran, Volume One.

3. General Department of Cultural Affairs and Public Relations of the Assembly of Names (1985), detailed form of negotiations
Final Review of the Constitution of the Republic of Iran, Tehran: Majles Printing House, Vol
Third.

4. Judiciary Research Institute (2015), Evaluating the vote of unity of procedure and establishing procedure in the Court of Justice
Administrative, Tehran: Judiciary Press and Publishing Center.

5. Jafari Langroudi, Mohammad Jafar (2007), Extensive in Legal Terminology, Tehran: Ganj Library
Knowledge, third edition, third volume.

6. Reza Yazadeh, Mohammad Javad (2012), comparative administrative law) with emphasis on administrative proceedings in the council
Government of France (, Tehran: Majd Publications.

7. Shams, Abdullah (2007), Civil Procedure) Advanced Course (, Tehran: Drak Publications, Print
Fifteenth, Volume One.

8. Sadr al-Hafazi, Nasrullah (1993), Judicial supervision over government actions in the Court of Administrative Justice,
Tehran: Shahriar.

9. Tabatabai Motameni, Manouchehr (2008), Administrative Law, Tehran: Samat Publications, Fourteenth Edition.

10. Abbasi, Bijan (2016), Comparative Administrative Law, Tehran: Justice Publishing.

11. Mahmoudi, Javad (2011), An Analytical Study of Administrative Proceedings in Iranian Law, Tehran: Publications
Jungle.

12. Hadavand, Mehdi (2010), Comparative Administrative Law, Tehran: Samat Publications, Volume II.

13. Yazdan Mehr, Mohammad (2015), An Analysis of the Law on the Organization and Procedure of the Court of Justice
Administrative, Tehran: Majd Publications.

14. Abrishami Rad, Mohammad Amin and Hossein Ayeneh Negini, "Critique of the jurisdiction of the Court of Administrative Justice in issuing a verdict
Unity of Procedure ", Quarterly Journal of Public Law Knowledge, 1398, No. 25, pp. 85-102, pp. 98-99.

15. Emami, Mohammad and Mahasti Soleimani) ", 2014) Personality Seekers in the Court of Administrative Justice", Studies
Of Law, Shiraz University, Volume 6, Issue 1, pp. 1-30.

16. Sabet Yapour Kermani, Behzad 1397 The position, importance and application of judicial procedure in the rulings of the Court of Justice
Administrative », Electronic Quarterly of Qanun Yar Legal Research, Volume I, Vol.2.

17. Zarei, Mohammad Hossein and Ahmad Malmiri Center) (2005) The concept and principles of judicial control with emphasis on
The Legal System of the United States of America ", Journal of Legal Research, No. 42, pp. 149 - 198.

18. Zarei, Mohammad Hossein and Ayatollah Molaei) «,) 1392 Assimilation of the characteristics of the Iranian administrative contract in
Comparison with French and English Law, Judicial Law Perspectives, No. 63, pp. 169-208.

19. Heidari, Massoud) "," 1346 Council of State and Justice ", Law Today, No. 20, pp. 26-29.

20. Savadkoohi, Sam) «,) 2002 The final authority for resolving disputes within the jurisdiction of the Supreme Court or
The court? Judicial Monthly, No. 32, pp. 8-12.

21. Shafiee Sardasht, Jafar and Ali Yakbar Gorj Yazandariani and Ali Ghanei) «,) 2016
Judiciary of the State in the Iranian Legal System ", Legal Journal of Justice, No. 96, pp. 125-153.

22. Sadr al-Hafazi, Seyed Nasrullah (1991) "Court of Administrative Justice and the philosophy of its establishment", Legal Journal
Justice, No. 2, pp. 29 - 42.

23. Abedian, Mir Hossein) (1999) Supreme Court and Supervision of Law Enforcement, »
Legal Journal of Justice, No. 26, pp. 29-46.

24. Matin Daftari, Ahmad (2008) from the State Council to the Court of Administrative Justice) A Look at the Dead
And hopes in two lectures (», Journal of Constitutional Rights, Year 7, No. 9, pp. 199 - 214.

25 . Harrisinejad, Kamaluddin (2009) A Reflection on the Factors Affecting New Iranian Laws from the System
German-Roman Law », Studies in Private Law, Volume 39, Number 2, pp. 369-382.

26. Yavari) Adviser to the Supreme Court of the country (, Fat Haleh) «,) 1357 State Council», Judicial Monthly, No.
152, pp. 38 - 46.

27. Yazdi, Mohammad) ",) 1991 Overview between the Supreme Court and the Court of Administrative Justice,"
Legal Journal of Justice, No. 1, pp. 4-8.
Volume 1, Issue 1 - Serial Number 1
First year, first issue, winter 2019
Winter 2020
Pages 119-138

  • Receive Date 10 March 2020
  • Revise Date 19 April 2020
  • Accept Date 01 May 2020