The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The reasoning of revoking the approvals of the Islamic Councils in the decisions of the Administrative Court of Justice

Document Type : Original Article

Authors
1 Master of Public Law, Faculty of Law, Tehran Campus, Tehran, Iran
2 Member of the academic staff of Arak Islamic Azad University, Faculty of Theology, Department of Islamic Theology, Azad University, Arak, Iran
10.22034/mral.2024.2027856.1605
Abstract
Based on the seventh principle of the constitution, Islamic councils are one of the decision-making pillars of the country. In this regard, in the Law on Organizations, Duties and Elections of Islamic Councils of the Country and Election of Mayors approved in 1375 with subsequent amendments, it is established that village, district and city councils have the authority to enact binding resolutions.. In the procedure of the Court of Administrative Justice, the complaint against the resolutions of the Islamic Councils of the country is limited to the resolutions of the Islamic Council of the city. This research has analyzed the ways of revoking the approvals of the Islamic City Council in the opinions of the Court of Administrative Justice with a descriptive-analytical method. The research question is that the Court of Administrative Justice has invalidated the approvals of the Islamic Council of the city based on which reasons and legal bases? Examining the opinions of the Administrative Court of Justice shows that the Administrative Court of Justice has annulled the approvals of the Islamic City Council in both form and substance. The formal aspects were due to non-observance of jurisdiction and legal formalities by the city council, and the substantive aspects were due to the contradictions with the laws and fundamental rights of individuals. The procedure of the Court in accepting its jurisdiction to handle complaints from the Islamic City Council is contrary to legal principles.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 413-436

  • Receive Date 03 May 2024
  • Revise Date 10 September 2024
  • Accept Date 14 October 2024