The Study of the Constitutionalisation Theory of Administrative Law in the Light of Islamic Republic of Iran’s Constitution
The"Constitutionalisation of administrative law" theory means the intrusion of fundamental principles and values into administrative law and Following administrative law therefrom. This ensures and protects the fundamental rights of individuals in relation to the administration. Regarding this theory, special attention is paid to French administrative law, because this issue is the result of French doctrine. Constitutionalisation in our country has no theoretical support and a few studies have addressed it. The main question here is whether the Iranian legal system has the capability to enforce Constitutionalisation of administrative law. In this study, by examining the basic foundations of administrative law in the constitution, it was concluded that the administrative law is a part of the constitution and is, in fact, a materialization of the constitutional law. Therefore, given the normative features and interference of the Islamic Republic of Iran’s constitution with administrative law, as the main condition for Constitutionalisation, as well as the key role of the Administrative Justice Court in the implementation of fundamental rights and the development of judicial procedures concerning basic rights and freedoms, we can talk about the gradual Constitutionalisation of administrative law in the Islamic Republic of Iran.
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