A Comparative Introduction to the Necessity of Developing the Perfect Lawsuits in the Administrative Law of Iran

One type of administrative lawsuits in which the administrative court has extensive powers and not limited to annul the administrative action is the perfect lawsuit. In this case, the court may amend or alter the action and even replace its decision or condemns the administration to compensate. Despite the importance of the annulment lawsuits in the continental administrative law, expanding such lawsuits is the general approach of the countries so that these lawsuits have replaced the annulment lawsuits in Spain under the influence of the German administrative law. France has also done so in some fields like the administrative contracts and the liability of the government. The perfect lawsuits are in line with the economics of rules of procedure and efficient judicial review and better remedy the rights of the citizens. These kinds of lawsuits are recognized in the article 63 of the Law of Organization and Procedure of the Administrative Justice Court enacted in 2011. In the other instances, the power of the administrative justice court is restricted to the annulment lawsuits and hence, the beginning of the Article 173 of the Constitution referring to proceed the complaints of the people and to remedy their rights hasn’t been implemented as it should. The research method is analytic-comparative.