نوع مقاله : مقاله پژوهشی
1 دانشگاه علوم قضایی و خدمات اداری
2 دانش آموخته دکترای حقوق عمومی دانشگاه تهران
عنوان مقاله [English]
Control of administration is the basis of administrative law. One of the judicial control in Iranian administrative law is the refusal of judges to implement government decrees and regulations in violation of Islamic laws and regulations or outside the powers of the executive branch. This oversight is only in the position of a judge and only leads to the non-implementation of these regulations. Government regulations are general acts issued by the competent authorities. In case of a broad interpretation of "government", these regulations can be issued to include all approvals, whether from non-condensing institutions or decentralized and special institutions. "Judges of the courts" includes sitting judges, and judges of the courts cannot be included in this sense. Judges of the Dispute Resolution Council do not enter into this meaning either, because the principle of judicial security and separation of powers requires that we do not interpret this principle broadly. The term "Islamic laws and regulations" does not include the constitution, because whenever the constitution intends to name the constitution, it puts "constitution" next to "laws." Also, the "laws" do not include the approvals of institutions such as the Supreme Council of the Cultural Revolution, as the principle of judicial security prevents this interpretation. Islamic rules can be considered as valid and famous fatwas of Imami scholars and rules derived from Imami jurisprudence.