The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Legal feasibility study of admission of general jurisdiction of the Court of Administrative Justice in handling lawsuits regarding administrative contracts

Document Type : Original Article

Authors
1 MA Student, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Department of Public Law,, Faculty of Law and Political Science, University of Tehran,Tehran, Iran
Abstract
Handling lawsuits regarding administrative contracts is important, due to specialization and special administrative requirements. Therefore, in many countries, judicial review of these contracts has been entrusted to a special judicial authority. In the Islamic Republic of Iran, the Court of Administrative Justice is envisaged as the judicial authority in charge of administrative matters, but the Court has deny itself jurisdiction over litigation concerning administrative contracts. In the present study, with a descriptive-analytical method, after criticizing the existing judicial procedure and showing the lack of a valid legal and legal basis for its arguments, by analyzing the arguments of the proponents and opponents of the jurisdiction of the court and analyzing the elements and types of administrative, civil and criminal lawsuits, we concluded that not only is it legally possible for the Court of Administrative Justice to accept the general jurisdiction in handling lawsuits regarding administrative contracts, but it can be argued that the procedure is inconsistent with the relevant laws.
Keywords
Subjects

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Volume 2, Issue 2
Second year, second issue, spring 2020
Spring 2020
Pages 27-45

  • Receive Date 08 May 2020
  • Revise Date 17 May 2020
  • Accept Date 27 June 2020