Non-Justiciable Acts of Government in Iranian Legal System

In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the acts and reasons for unreviewability can contribute to our understanding of the judicial review. In Iran, in addition to legislative limitations, one of the main reasons for limiting the Administrative Justice Court’s jurisdiction is Guardian Council of Constitution’s interpretive approach. In many models of judicial review, the criterion of court’s jurisdiction in reviewing the government’s acts is functional. But, organizational approach Guardian Council of Constitution to Administrative Justice Court’s jurisdiction -that is in conflict with systematic and organic approach to the principles of the constitution of the Islamic Republic of Iran, the spirit and underlying philosophy of drafting such a basic law to protect the rights and freedoms of citizens- has led to expansion of the sphere of unreviewbility in the Iranian legal system.