The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Formularization of the commentary competence in light of principle of law with comparative view to precedent of judicial review authorities in Iran and US

Document Type : Original Article

Authors
Sayyed Vahid Khalkhali 1
mohammad hasanvand 2
Mahdi Hasanvand 3
1 M.A. in Law, Allameh Tabatabayi University, Tehran, Iran
2 PhD in Public Law, Lecturer of Shahed University, Judge of Administrative Justice Court, Tehran, Iran
3 M.A. Student, Public Law, Allameh Tabatabai University , Tehran , Iran
10.22034/mral.2021.531516.1152
Abstract
Undoubtedly in the absence of acts, deficiency, synopsis and conflict of law, Judicial Interpretation is compulsory and admitted to the all of Legal system. Competence in Judicial Interpretation should be standardized if distinct procedures not to be seen in adjust the cases to dictum. Recognizing as a wide spreading umbrella and context of creating and splicer ingredients of law order, Principles of law has root in foundations and head in acts. The relation between principles of law and Judicial Interpretation that makes precedent is of importance when in lack of commentating method it is possible for judges to be entrapped by misconstruction and personalization of law which occurs via subjective interpretation. How to normalize the judicial commentary and to present some applicable norms basis on law principles is why this research should have been done. The method of doing is desk research by descriptive-analytical approach and by reviewing precedent of administrative court of justice and supreme court of us, tending to represent existing experience. moreover, the proposed way to normalize judicial commentary in form of a variety of recognized principles of law generally and principles of public law particularly and principles of administrative law specially is given. Certainly the best way to formularization of judicial commentary is to give propositions and obvious rules by which principle-based interpretation might be done and in favor of enjoying the flexibility and efficiency of judicial commentary the function of judges would be predictable.
Keywords
Principles of Law
Judicial Commentary
Precedent of Administrative Court of Justice
Precedent of Supreme Court of US
Subjects
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The Journal of Modern Research on Administrative Law
Volume 3, Issue 7 - Serial Number 7
Third year, 7th Issue, Summer 2021
Summer 2021
Pages 137-162

  • Receive Date 02 June 2021
  • Revise Date 20 July 2021
  • Accept Date 30 June 2021