نوع مقاله : مطالعه آرای قضایی
نویسندگان
1 دانشیار دانشگاه علامه طباطبایی
2 پژوهشگر دوره دکتری حقوق عمومی، دانشگاه علامه طباطبائی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Judicial review of administrative actions is one of the fundamental issues in modern public law. Based on this, any authority or institution that performs administrative action can and should be subjected to the most effective type of review, that is, judicial review. Beyond the theoretical basis of the possibility or refusal of the Court of Administrative Justice to examine the approvals of the National Headquarters to deal with the Corona virus in Iran, the recent decision of the General Board is of particular importance in terms of understanding the performance of the Court itself regarding the competence or lack of competence in this regard. Therefore, the main question in the present article is that "Does the Administrative Justice Court consider itself competent to deal with complaints about the approvals of the National Headquarters to deal with Corona?" Scrutiny in the recent judicial decision shows that although the general board does not directly and officially consider the approvals of the National Headquarters to deal with Corona as voidable, the possibility of revoking the approvals of this institution has been accepted by the general board, at least in practice; Although the weakness in legal reasoning in the said decision and especially the failure to refer to the general principles of administrative law in it can be criticized.
کلیدواژهها [English]
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