نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Pursuant to Article 34 of the Constitution, the establishment of quasi-judicial bodies in Iran’s legal system is recognized to the extent that it does not prevent individuals from referring to courts. However, the Supreme Council of the Cultural Revolution, by enacting Resolution No. 893 and emphasizing the provisions of its previous Resolution (No. 630), placed the decisions and rulings issued by research and educational committees and specialized boards operating in the Ministries of Science, Research and Technology, Health and Medical Education, the National Organization of Educational Testing, universities, and other educational and research centers under the jurisdiction of the High Review Boards, thereby removing the right to appeal these decisions from the Administrative Justice Court and other judicial authorities. Accordingly, this article examines the extent to which the provisions of this resolution are compatible with the logic and legal system of Iran. The study found that the enactment of this resolution by the Supreme Council of the Cultural Revolution constitutes a clear violation of multiple constitutional principles, ordinary laws, legal norms, and international instruments. Regarding the reviewability of the resolution, the research indicates that, based on the Constitution and ordinary laws, the Administrative Justice Court has the authority to examine complaints against this resolution; however, under the current circumstances and pursuant to Circular No. 100/53551/9000 dated 13/09/1403 issued by the Head of the Judiciary, this authority is suspended for the duration of the circular’s validity.
کلیدواژهها English