Analyzing the Possibility of Reference to the Constitution by Administrative Justice Court

There are different views among lawyers about the possibility of referring to the articles of the Constitution in the verdicts of the Administrative Justice Court. However, studying the Constitution and laws proves this competency for the court, and the judicial procedure of the Administrative Justice Court in its general board and its branches shows that this interpretation is accepted by the judges of the court. Nevertheless, there are some challenges and problems stated by lawyers about this competency such as: interference of this competency with the authority of the Guardian Council, conflict of this competency with the interpretation of article 138 of the Constitution by the Guardian Council, its conflict with the recent decision of Guardian Council about the Administrative Justice Court law, existing laws enacted by the Expediency Council (given the fact that some of which are inconsistent with the Constitution) and laws enacted before the Islamic revolution. However, rejecting this competency for the Administrative Justice Court leads to the lack of constitutional supervision on the executive regulation and decisions. Finally, while accepting this competency, we should find solutions for above challenges, and this constitutes the approach followed in this article