The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Feasibility of applying the principle of public proceedings in the Court of Administrative Justice

Document Type : Original Article

Authors
1 PhD in public law; professor; Judge of the Court of Administrative Justice
2 Semnan university
Abstract
Abstract

The principle of public proceedings, as the free entry and exit of people to court sessions, is considered as one of the components of the principles of fair proceedings. But the implementation of this fundamental principle in Iran's administrative justice system faces challenges. This research seeks to answer the question whether the principle of public proceedings in the Administrative Court of Justice has the capacity and ability to be implemented or not. In the form of a descriptive-analytical research, several causes and factors such as legal loopholes, the adoption of centralization policy in the structure of the Administrative Court of Justice of the country were considered as exemplary components in the impossibility of applying the said principle in the court. However, the consideration of substantive and formal matters in the Court's branches, the need to pay attention to the principle of correspondence, and the necessity of reforming Zat al-Bin, etc., have made the implementation of this basic principle inevitable in the institution of the Court. Also, cases such as justifiable and easy obedience to judicial decisions or being under the control of public opinion of the judicial behavior of court judges, were considered among the merits of applying the aforementioned principle. Also, suggestions for the realization of this important component were introduced and identified.

Key words: principle of public proceedings, court branches, public panel, administrative proceedings, hearings.
Keywords
Subjects

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Volume 4, Issue 12
Fourth year, 12th issue, ّFall 2022
Autumn 2022
Pages 83-103

  • Receive Date 16 June 2022
  • Revise Date 06 August 2022
  • Accept Date 22 August 2022