Document Type : Original Article
Highlights
Providing the possibility for citizens to complain about government regulations is one of the achievements of the Islamic Republic's Constitution, which is explicitly mentioned in Article 173 of the Constitution.
In the Court of Administrative Justice, two separate branches and the general board are responsible for independently handling complaints about specific and general administrative decisions, despite the theoretical separation between the competencies of these two parts, but the distinction between the interpretation of cases of specific approvals and general approvals has and The correct identification of the jurisdiction of the branches and the general board in terms of the nature of the decision complained of has many effects on the performance of the judges of the court and the clients to this institution, so the basic question of this article is what are the characteristics of case and general decisions in the laws and judicial procedure of the court of administrative justice.
In the first place, we are on the basis of the legislative competence of the administration in making the approvals (such as: the lack of time and the necessary technical competence of the legislature to regulate and determine the tasks of the details, as well as having various ministries and technical and specialized organizations and specialized and experienced people in We dealt with this matter by the executive branch and then we examined the limits of the administration's authority in specific and case decisions (such as: compliance with Sharia, the constitution, rulings of the official religion, laws, etc.).
A little further, we entered our main discussion and divided the unilateral administrative decisions into two categories of case and type, and after defining them, we mentioned several cases of these decisions in the spatial procedure of the Administrative Court of Justice.
Observing these decisions in the court's procedure, we found their distinctions in terms of substance (being general and case-specific, non-retroactive) and form (competent authority to deal with complaints, title and approval authority), which is as follows:
Substantive distinctions
1) The generality of the decision is opposed to the specific and personal nature of the decision, which means that regardless of the small number of people subject to the decision or the geographical territory of that administrative decision, if it creates a specific legal situation that can potentially include many people, it is called a decision. It is universal, even if only one person is potentially responsible for the approval, on the other hand, a case decision may include a large number of people, but certain people, without taking on the definition of a regulation.
2) The description of looking into the future means that the life of the administrative decision does not end with a single implementation, but it can still actually include undetermined people. Perhaps the most important characteristic of the approvals that led to the formation of an independent authority to hear complaints about the approvals is that they are forward-looking. It is on this basis that, unlike the approvals of the case, which ends with its annulment in the branches, a complaint is made against a general provision. According to the relative nature of the judicial decisions, the inclusion in the branches cannot lead to the desired result of complaining about a general resolution, i.e. its total annulment.
Shape distinctions
1) The authority for handling employment complaints, handling complaints of quasi-judicial authorities, handling complaints about case decisions and handling lawsuits resulting from violations of the rules of public law are under the jurisdiction of the Court's branches, and on the other hand, handling general decisions and In the same way, issuing unanimity votes is under the jurisdiction of the general board of the court. Dealing with decisions that are partial and case-specific in terms of logic and general in terms of meaning, depending on the case, may be filed in the branch due to the complaint of the interested person in terms of its personal aspect, and due to its type aspect, the complaints of non-interested persons are also accepted and the matter It can be discussed in the general assembly.
2) In terms of the title, government regulations are divided into several categories, some of which are mentioned here:
1 By-laws: The by-laws have a general and non-personal aspect like the law, which is regulated in the form of articles and creates general rights and obligations for people. And the rules are valid, but in terms of form, the law is derived from the legislative authority of the legislature, while the regulations are derived from the powers of the executive branch. The most popular types of regulations are:
