A reflection on the role of the Court of Administrative Justice in guaranteeing the right to access information

Mashhadi, Ali; Dabirnia, Alireza; Bidar, Zahra

doi:10.22034/mral.2023.1990029.1439

A reflection on the role of the Court of Administrative Justice in guaranteeing the right to access information

Document Type : Original Article

Authors

Ali mashhadi ¹

Alireza Dabirnia ²

zahra Bidar ³

¹ qom

² Assistant Prof. Department of Public Law, Faculty of Law, University of Qom

³ Law faculty, Qom university, Qom, Iran

10.22034/mral.2023.1990029.1439

Abstract

The right to access information as one of the recognized rights for individuals means that any member of society can request access to information that is kept in one of the public institutions or private institutions providing public services, and that institution is obliged to provide the requested information to the applicant, except in cases listed in the law. Guaranteeing this right requires the creation of suitable monitoring mechanisms, among these mechanisms, judicial supervision has a significant effect on the implementation of this right due to the availability of appropriate guarantees. This article, with a descriptive-analytical method, using library sources and examining the judicial procedure of the Administrative Court of Justice, investigates the role of this judicial institution in realizing the right to access to information. The findings of this research show that this judicial institution, through the monitoring of the opinions of the Commission for Publication and Free Access to Information based on Clause 2, Article 10 Administrative Justice court's law and revoking the resolutions that violate the right of access to information, can guarantee and the implementation of this right to play an effective role.

Keywords

right to access to information

Administrative justice Court '؛ s law on publication and free access to information

judicial supervision

commission on publication and free access to information

Subjects