نوع مقاله : مقاله پژوهشی
1 دانش آموخته دکتری تخصصی حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی/ قاضی دیوان عدالت اداری / مدرس دانشگاه
2 کارشناسی ارشد حقوق عمومی دانشگاه علامه طباطبایی، تهران،ایران
3 دانشجو دکتری حقوق عمومی دانشگاه تهران، دانشکدگان فارابی، ایران.
عنوان مقاله [English]
The two independent pillars of the branches and the general board of the Administrative Court of Justice are responsible for independently handling complaints about case and general administrative decisions, despite the theoretical separation between the jurisdiction of these two pillars, but distinguishing between examples of general approvals and case decisions in very difficult cases and It was the source of the dispute. Therefore, the explanation and interpretation of these two concepts can be both epistemic and practical, creating numerous works in the performance of the judges of the court as well as those who refer to it. Therefore, the basic question of this article is what are the characteristics of case decisions and general approvals in the laws and the judicial procedure of the Administrative Court of Justice, so that finally the distinguishing criteria of these two concepts can be identified. In this passage, an attempt has been made to analyze library resources, laws and judicial opinions with a descriptive and analytical method. In the end, the main finding of the research is based on the assumption that the authority of government regulation is the same as the authority of legislation, which is exceptionally entrusted to other powers other than the legislature in order to overcome executive problems and create a framework for law enforcement. Therefore, the general approval should be It has all the inherent characteristics of the law, including generality, prescriptiveness, universality, and looking into the future.