نوع مقاله : مقاله پژوهشی
1 دانشجوی دکترای حقوق عمومی دانشکده حقوق و علوم سیاسی دانشگاه آزاد اسلامی واحد تبریز، تبریز
2 استادیار گروه حقوق، دانشکده حقوق و علوم اجتماعی، دانشگاه تبریز، تبریز/ایران- (نویسنده مسئول)
3 استادیار دانشگاه تبریز
عنوان مقاله [English]
The principle of constitutionality of the law is reflected in the activities of administrative organizations through legal rules. So that while providing the public interest and facility, the right and virtue of private property is also observed. Mayors sometimes by making the excuse of having public plans at hand, refuse to perform their own legal duties in issuing permits to build or renovate building, and deprive persons of their legal rights of private ownership and subsequent results
The present study seeks to investigate restriction of the right to own property in construction and renovation of buildings by municipalities, which are stated in the laws and rulings of the Administrative Court of Justice. Therefore, this study addresses the question: How is the restriction of the right to build or renovate by municipalities reflected in the laws and opinions of the General Assembly of the Court of Administrative Justice? In response to this question and by means of a descriptive-analytical method, the rules and the most common votes of General Assembly of the Court of Administrative Justice have been discussed. The outcomes show that decisions and actions leading to the illegal restriction of property rights of individuals, as the case to be, have been nullified or licensed by the General Assembly of the Court of Administrative Justice. This action besides stressing respect for the property rights of individuals, reminds training and monitoring municipal performances..