نشریه حقوق اداری
پیاپی 6 (زمستان 1393)

states are the preservers of public interests in a society. Regarding states’ authorities in administrative contracts, there are special rules governing these type of contracts which are different from rules governing private law contracts. However, beside sovereignty authorities in administrative contracts, states also have responsibilities. The realization requirements, effects and the causes of declining state’s contractual liability, have special rules and principles which are necessary to be studied exactly and it is also necessary to recognize the distinction of rules governing them from the rules governing private law contracts. In this article, by studying related laws and regulations, we are going to recognize the factors leading to decline of states’ contractual liability and to consider the requirements and effects of these factors. The causes of declining states’ contractual liability are termination, nullity, transition, modification and special agreements on increasing, decreasing or declining states’ liability, each of them has special requirements and effects, which will be studied here.

The local councils are the symbol of decentralization and consider as the parliament of local government and also have key role for the people participation about the affairs and shrinking the volume of the government and also efficient management on the local affairs. One of the important subject that regarding as to the local councils is the mutual relation between them and central government its officials. The purpose of this article is checking the mentioned subject by way of discribtire and analytical and recognition of relation between central government and local councils and also amount of effectiveness of each one on the other one. The analyze of constitution and laws that have link to this subject¡ show that the councils have high position in constitution and so ¡ can have a serious supervision on the local affairs¡ in specially local officials. In laws has foresighted various mechanisms for supervision and affect of central governments officials on the local councils and the councils have affected by roles and intervention of central government and its officials in the different levels of genesis and activity and end of their activity. But mutually ¡ despite of existence of capacity in the constitution – in the level of common laws – the councils don’t have significant effective on the central government and its officials and there is no appropriate enforcement for their week supervision that have provided for them.

The principle of non-delegation of Legislative Power is one of the oldest principles of constitutionalism, because the delegation of this power may endenger the structures established by the constitution. In some cases, this concept is confused with the delegation of discretionary power. By discretionary power we mean the powers that are delegated by parliament to executive authorities to help them in their decisions and actions. This confusion provokes the body responsible to review the constitutionality of laws, to declare delegation of discretionary powers unconstitutional because of breach of the principle of non-delegation. Supreme Court of the United States in nearly 200 years of applying judicial review over the acts of congress, just in 2 cases declared that the act breaches the nondelegation principles and in all other cases it ruled that they are delegation of discretionary power and not legislative power.

Iranian Constitution offered the power of annulling of executive regulations to administrative justice tribunal through 170th and 173rd articles and the foundations and Procedures of Administrative tribunal of Justice Act 2014. As its review on executive regulations is subsequent, it is possible that some legal relations are done between the state and other related persons in the time between regulations enacted and their annulments by that judicial body. The key answer is that if that executive regulation be annulled, what are the effects of its annulment on the legal relations which have been made under that annulled regulation? Is there a defense upon the theory of Required Rights for avoiding the negative effects of annulled regulation? What are the judicial and legislative responses to this issue? Is it possible that theory of legitimate expectations is used for resolving that mentioned problem? In this article, I will try to review all the legal and judicial aspects of problem and finally two key responses will be presented. Judges, beneficent persons and all of researchers may use of this article findings.

According to historical documents, including Islamic state letters, Islamic thinkers and jurists have theorized About the rule of law, meritocracy, human dignity, justice, fundamental rights of people, public participation, non-discrimination, denial of cumbersome bureaucracy, transparency, principle of decentralization, in particular foundations and purposes of correct Administrative system. The rule of Sharia and Islamic law, moral and fair purpose to the community, global perspective monotheistic system and … are examples of These foundations and intended purpose that Reflecting These principles and purposes obviously can be observed in the constitution of the Islamic Republic of Iran and Other legal documents and most recently the general policies of the administrative system. Although the constitution of the Islamic Republic of Iran in 1358 was prepared and ratified, But the studies of Islamic government Epistles Indicate that Intellectual background and theoretical context of the administrative system of the Islamic Republic and purposes and principles of, Is entitled from long history. Thus foundations of the administrative system of the Islamic Republic and the principles and objectives specific to it as genuine dialogue is not spontaneous and immediate issue.

According the laws and regulations, the public servant enjoys from employment rights. Although, some of these rights arise during the life of the servant, but it is possible that he didnt use them in his life and therefore, these rights are transferred to his legal heirs Also, there are some of the rights that basically have been considered for a person other than the public servant. Therefore, since the death of servant will apply for his successor. Given the importance of detailed explanation of the deceased servant's successor in employment claims, this research, based on the rules and regulations and also available jurisprudence, is looking for explanation this concept in Administrative Justice Court. the recent study suggests that the successors of the deceased servant about those rights that belong to him and have been established at the time of his life, are the legal heirs under civil law, unless the legislature have stipulated a specific mandate. But about those financial rights that are established after the death of the servant, the successors of those who will that have been mentioned in the laws and regulations of employment.