Jurisdiction of the Administrative Justice Court in terms of parties to the dispute in the light of the opinions of the Guardian Council

Ariannezhad, Ali; Farahani, Mohammad Sadegh; Fattahi Zafarghandi, Ali

doi:10.22034/mral.2026.2056808.1713

Jurisdiction of the Administrative Justice Court in terms of parties to the dispute in the light of the opinions of the Guardian Council

Articles in Press

Document Type : Original Article

Authors

Ali Ariannezhad ¹

Mohammad Sadegh Farahani ²

Ali Fattahi Zafarghandi ³

¹ Phd Student in Public Law, Faculty of Law and Political Science. Tehran University, Tehran, Iran

² Ph.D. in Ppublic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

³ Ph.D. in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

10.22034/mral.2026.2056808.1713

Abstract

In two articles 170 and 173, in order to ensure justice and create mechanisms for people to complain about the actions of the government, the constitution established an institution called the Administrative Justice Court to hear the people's complaints, grievances, and protests against officials or units or government actions and to recover their rights. Generalities about the Administrative Justice Court in terms of parties to the dispute can also be taken from these articles; However, considering the lack of clarity of the two aforementioned articles and the institutional development of the legal system on the one hand, the jurisdiction of the court is disputed from the point of view of the defendant and the plaintiff.

Since the Guardian Council has the authority to interpret the Constitution according to Article 98 and according to Article 94 the authority to adapt the resolutions of the Parliament to the Islamic criteria and the Constitution, the analysis of the procedure of the Guardian Council seems to be a way to achieve this goal. As a result of this research, with a descriptive-analytical method and total induction, it has tried to count all the opinions of the Guardian Council about the Administrative Justice Court and analyze it in order to answer the question, "According to the opinions of the Guardian Council, what is the jurisdiction of the Administrative Justice Court in terms of parties to the dispute?".

Keywords

Administrative Justice Court

Guardian Council

Jurisdiction

Parties to the dispute

Subjects