Guaranteeing freedom of business in the light of judicial procedure The General Board of the Administrative Court of Justice

Document Type : Case Study

Authors

1 Associate Professor, Faculty of Law, Qom University

2 Ph.D. in (Public Law), Department of Public Law, Faculty of Law, University of Qom

3 public law, university of qom

10.22034/mral.2022.560814.1367

Abstract

Economic freedom is the basis of business freedom in any economic and legal system, whereby the citizens of society have the right to choose any business according to their ability, expertise and personal creativity. This important and fundamental principle and the duty of the government to guarantee and support it has been and standardized in the Constitution of the Islamic Republic of Iran, domestic laws and international documents. In order to judicially monitor general decisions, realize the principle of the rule of law assert individual and social rights, the General Board of the Court of Administrative Justice has issued opinions in various lawsuits in order to support and guarantee this right and perform its inherent special task. The findings of this research, which were issued in a descriptive-analytical method and along with the criticism of lawsuits and judicial opinions, indicate that the most important aspects dealing with cases are: with the principle of licensig authority, paying attention to the principles of competition rights in licensing, The subject departure of some professions such as notary and attorney from the concept of business, which shows the more accurate understanding and special support of the Administrative Court of Justice of this economic right compared to other regulatory authorities executive institutions. The interpretation and explanation of the concept of freedom business in the Administrative Court of Justice can be a judicial guide for legislative and regulatory institutions in applying and implementing the freedom of business and protecting this economic right in its true sense.

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Main Subjects

References

 
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The Journal of Modern Research on Administrative Law
Volume 6, Issue 18
Sixth year, 18th issue, Spring 2024
March 2024
Pages 89-113

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History

  • Receive Date: 23 August 2022
  • Revise Date: 21 November 2022
  • Accept Date: 21 November 2022

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