The Aspects of Judicial Supervision of General Council in Justice Administrative Court Over Governmental Regulations

Abstract

The presence of judicial supervision over administrative activities of government is deemed as one of the criteria for realization of law-centered government and this is a right for citizens to be allowed to complain against decisions made by administrative authorities and the administrative judge shall address them and with annulment of illegal decisions measures of administrative authority he may pave the way for guarantee of rights and freedoms of nation that is one of the objectives in basic law. The articles 170 and 173 of Islamic Republic of Iran (IRI) Constitution realized judicial supervision over administrative activities of government with establishment of an institution called justice administrative court in domestic legal system. The first clause of articles 12 and 80 in regulations of this court include the paramount legal articles regarding the aspects of annulment of governmental approvals by general council in justice administrative court. It may be implied that the criteria, which have been mentioned by legislator in Clause I of Articles 12 and 80 of regulations of justice administrative court, may be embedded within the framework of legislation principle. The present research tries to express the aspects and criteria for annulment of government’s approvals by general council in justice administrative court.

DOI: 10.5901/mjss.2015.v6n6s6p216