Document Type : Original Article
Highlights
One of the judicial control in Iranian administrative law is the refusal of judges from performance of government Canon and regulations that are against the Islamic laws and regulations. This control is in the position of the judiciary and only leads to the non-performance of these regulations. Governmental regulations are universal acts issued by the competent authorities. In the case of a broad interpretation of the "government", these regulations can be considered all approvals, whether from non-centralized institutions or special decentralized institutions. Phrase "Judges of the courts" includes only sitting judges. Judges of the Dispute Resolution Council also do not fall into this category because the principle of judicial security 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 sentences of twelve-lmam Shiite jurisconsult and rules derived from that religion. . If the judges of Administrative courts perform the provisions whose provisions have already been annulled in the General Assembly of the Administrative Court of Justice, they performance can be considered a violation for them according to paragraph 1 of Article 15 of the Law on Supervision of Judges' Conduct.
