The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The right to a hearing in the office before making a decision, according to the new amendment law of the Administrative Court of justice

Document Type : Original Article

Authors
masoud mahjouri 1
kourosh ostovar sangari 2
khadije shojaeian 3
1 دانشجو دانشکده حقوق و علوم سیاسی دانشگاه آزاد واحد شیراز
2 Faculity member of Shiraz Azad University
3 استاد یار گروه حقوق عمومی ، دانشکده علوم انسانی، دانشگاه آزاد اسلامی ، شیراز ، ایران
10.22034/mral.2023.2004874.1484
Abstract
The basis of good administration is the participation of citizens in decision-making. Based on this, the principle of hearing in administrative law is the concept of hearing the statements of the interested party before making a decision, and the opposite of that is placing a person in a pre-decided situation, in some laws of Iran, such as the decision of the provincial supervisory board around The eligibility of candidates to participate in parliamentary elections, the registration of property as national monuments and the trade union law of this principle have been taken into account in a few ways , Also, amending the court law, especially Article 16, is a useful step to realize the defense rights of individuals by knowing the reasons and documentation of the decision, but it is not in line with the right to be heard, but the duty of the institution to receive the request of the interested party and the obligation to provide an answer is a step towards being heard. , because before making a decision, a dialogue between the administration and the beneficiary is formed, and the citizen is effective in the administration's decision by providing explanations. Before the new amendment of the law, the court has issued a few opinions in this regard, which are analyzed and analyzed in this article.
Keywords
Hearing Right
be heard
Administrative act
Administrative Court of justice
Subjects
The Journal of Modern Research on Administrative Law
Volume 7, Issue 23
seventh year, 23th issue, ّsummer 2025
Summer 2025
Pages 209-232

  • Receive Date 24 June 2023
  • Revise Date 13 October 2023
  • Accept Date 05 November 2023