The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Analyses of the grounds for hearing the at subject to section 2 of article 10 from the organization and procedure of administrative court of justice act

Document Type : Original Article

Authors
Mohsen Ahangar samakosh 1
fatemeh afshari 2
1 researcher
2 Assistant Prof of the judiciary’s researching institute
10.22034/mral.2022.543624.1236
Abstract
One of the jurisdictionof administrative courtof justice in according to section 2of article10from the organization and procedure of administrative court of justice act is consideration of the objection to the final verdicts ofthequasi-judicial tribunals.Based on the prevailing judgmental procedure, the basis for hearing the claims of all three sections of Article10,is principle173of constitutional act, and because of the stipulation of "people's"complaints against the government in this principle, it hears only the complaints of citizens.Therefore, will not be heard in the court the objection of government officials to the verdicts of quasi-judicial tribunals as plaintiffs, and depending on whether the plaintiff is the government or the people, the review authority will be variable.In addition to creating a substantive challenge, this has led to numerous heterogeneities of the procedural unity verdicts to resolve this problem, which in itself hasbeen the root of many problems.Jurisdictions and requirements ofquasi-judicial tribunals are different from administrative actions and decisions,so it seems the grounds of paragraph2of Article10is not in principle173and is rooted in principle159and the need to have access to a court for persons. The theory presented in this article is that considering the position of the Court in judicial review on quasi-judicial tribunals and theconstitutional requirement for this control,it isnot appropriate to limit the Court's jurisdiction to principles170&173and to accept the Court o as an only court that control on administrative sphere, has general jurisdiction on quasi-judicial tribunals inaccordance with principles34and159. This view causes that the competent judicialauthority isnot variable according to the plaintiff.
Keywords
Court of Administrative Justice
Quasi-judicial tribunals
Public courts
People
Paragraph 2 of Article 10 of the Court of Administrative Justice Act
Subjects

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The Journal of Modern Research on Administrative Law
Volume 4, Issue 12
Fourth year, 12th issue, ّFall 2022
Autumn 2022
Pages 149-172

  • Receive Date 02 January 2022
  • Revise Date 18 April 2022
  • Accept Date 16 August 2022