The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Assessing the applicability of the principle of openness of proceedings in proprietary administrative authorities

Document Type : Original Article

Author
Assistant Prof., Department of Law, Faculty of Humanities, Oromiyeh Islamic Azad University, Oromiyeh, Iran
Abstract
The principle of openness of proceedings is one of the basic criteria of fair trial and is one of its most important guarantees. However, in view of the lack of legal clarity regarding the need for public hearings in dedicated administrative authorities on the one hand and the lack of public hearings in practice on the other hand, the main question of the paper has been that the principle of publicity of the proceedings Are they used solely in judicial authorities for civil or criminal proceedings or is this not the case, and can this principle be enforced and enforced in addition to the aforementioned authorities? In this regard, in the following line, by descriptive-analytical method such as the specific status of the specific administrative authorities and the importance of the claims in those references on the one hand and the undeniable similarities of the judicial and administrative authorities on the other and also with Citing the recognition of some principles of fair trial in these references that provide a way to identify other principles and, finally, referring to the practice of international authorities and advanced legal countries, it has been concluded that in addition to the principle of openness of the proceedings In the proprietary administrative authorities, the application of this principle to these authorities is very necessary and necessary. Be it. In addition, in view of some disagreements about the applicability of this principle to the authorities in question, the reasons for the opposition have also been analyzed.
Keywords
Subjects

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Volume 1, Issue 1 - Serial Number 1
First year, first issue, winter 2019
Winter 2020
Pages 95-118

  • Receive Date 24 March 2020
  • Revise Date 26 April 2020
  • Accept Date 02 May 2020