Obstacles against the Independence of «Administrative Procedure» within the Framework of the Administrative Justice Court Act
Procedure is one of the basic foundations of law. Everything which is required in the court from the very first moment of litigation by any of the parties to terminate the dispute seems to lie within procedure. Law has different branches, each of which has special principles and rules. Solving and judging about conflicts is based on these principles and rules. Thus procedures are different in different conflicts. Due to this, in Iranian parliament, separate procedures have been passed for legal and criminal claims. This article has shown that the procedures of administrative courts are different from those of civil and criminal courts. However, the nature and foundation of these courts are different. Thus the procedures of other courts cannot be imposed on the Court of Administrative Justice. This paper suggests that despite using the term “procedure” in its title, the new Court of Administrative Justice Law has not been able to integrate the special procedures of this institution into Iranian legal system.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.