JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH
Year:2020 | Volume:1 | Issue:1|Papers Count:7

According to the Constitution and the Civil Service Management Law, one of the sovereign tasks of the Islamic Republic of Iran is to protect the country's cultural heritage. One way of preserving this heritage is to record valuable historical and cultural monuments in the National Heritage List. In Iran, we are witnessing a wide variety of laws and regulations regarding the protection and registration of monuments from the date of the Constitutional Court, and so far in our country there is independent research on the legal aspects of the registration of monuments, including the government's obligations, criteria, Its legal steps and effects have not taken place. In this paper, using the descriptive-analytical research method and library data collection method, the question is what are the different legal aspects of registering historical monuments in the National Monuments List? State registration of monuments is one of the responsibilities of the government to execute it through a unilateral administrative decision and through a legal process. Registration of a monument has rights, obligations and restrictions on the holder of a public, public or private registered monument, including on the protection, transfer, removal and export of that monument.

The relationship between administrative justice court and duty of judges in principle 170 of constitution of the Islamic Republic of IranAbstract: Principle 170 of constitution of the Islamic Republic of Iran obligates judges to do not execute the governmental regulations, and resolution that are against the acts and Islamic rules and or out of the scope of executive power’ s authorities. The interpretation of the concepts and the cases that judges have authorities are the challenging subjects of the principle. In this article, the main question of the writer is that what is the relationship between duty of the judges in the principle and the jurisdiction of the Administrative justic court concerning the examination of complaints against governmental regulations? Or Can judges act by invoking to the mentioned principle after giving judgement of administrative court related to a governmental regulation? Hence, in this article, the concepts of the principle as well as the position of its exercising, and also the theory of the council of guardians about the concept of governmental regulations are reviewed. The writer has inferred that the authorities of judges mentioned in the principle are applicable until the administrative justice court do not set decide for them, and consequently the judges should obey the decision related to the governmental regulations taken by the administrative justice court.

The Siyast-Name (siyar-almolok)is one of the historical sources of ancient Iranian legal texts. Concepts and principles can be derived by concentrating in siyasat-name which some of them even don’ t have any history in modern Administrative Law; although there ideas newly has been understood in Iranian legal system, these had been emerged to Khaje Nizam Al-molk’ s system by great point of view. Transparency, Contribute, Equality and meritocracy, Hearing, Time limits, Prohibition of occupation and social security are some (and major) idea which Khaje Nizam Al-molk had been discussing but in some cases he proposed how should all these concepts and principles had to bedone to not face any failure in executing the government (in its historical meaning). The main assumption of this essay is based on the notion that by reading siyasat-name we could understand historical and basis of ideas listed above. The main aim of this research is to analyzing placement of Administrative Law in Khaje Nizam Al-molk’ s taught with emphasizing on his major work Siyasat-Name.

Administrative specialized authorities or administrative tribunals are those authorities that hear administrative actions in legal systems. The specific nature of actions heard in these authorities has led to the fact that they commit themselves to observe principles of administrative law such as "expertise", speed in trial, absence of judicial procedures and unjudicialization policies in one hand and in the other hand, they consider and observe principles of fair trial since they hear to adversarial proceedings. In Iranian legal system it is more than several decades that the diversity and largeness of these actions has caused us to face various types of these authorities with different titles, inter alia, Commission, Hey`at, Council, Administrative tribunal, Administrative authorities and so on. Lack of legislator's effort, absence of clear theoretical bases regarding these authorities, lack of administrative procedure, not to be governed by principles of administrative law and lack of independence and neutrality etc. all have caused that these authorities don’ t function properly and face abundant difficulties.

The principle of openness of proceedings is one of the basic criteria of fair trial and is one of its most important guarantees. However, in view of the lack of legal clarity regarding the need for public hearings in dedicated administrative authorities on the one hand and the lack of public hearings in practice on the other hand, the main question of the paper has been that the principle of publicity of the proceedings Are they used solely in judicial authorities for civil or criminal proceedings or is this not the case, and can this principle be enforced and enforced in addition to the aforementioned authorities? In this regard, in the following line, by descriptive-analytical method such as the specific status of the specific administrative authorities and the importance of the claims in those references on the one hand and the undeniable similarities of the judicial and administrative authorities on the other and also with Citing the recognition of some principles of fair trial in these references that provide a way to identify other principles and, finally, referring to the practice of international authorities and advanced legal countries, it has been concluded that in addition to the principle of openness of the proceedings In the proprietary administrative authorities, the application of this principle to these authorities is very necessary and necessary. Be it. In addition, in view of some disagreements about the applicability of this principle to the authorities in question, the reasons for the opposition have also been analyzed.

The Supreme Court, is at the top of Courts in the hierarchy of the Iranian courts. Article 161 of the Constitution, stated monitors the proper implementation of laws in courts and the creation of a unified judicial system is authority for this institution. Also, Ordinary law, provides specific jurisdictions for Supreme Court, such as resolving disputes over the jurisdiction. Given the ambiguities and deficiencies about relations between Supreme Court and the Administrative Justice Court, this article explores the ratios of these courts in a descriptive-analytical format. The studies showed that the Administrative Justice Court as a special tribunal is in the hierarchy below the Supreme Court and therefore subject to the jurisdiction of the Supreme Court Country. Also, the ordinary legislator's approach was identified in recognizing the Supreme Court's role in resolving jurisdiction disputes between the Courts consistent with the Supreme Court's position. To this end, a specialist structural prediction on matters relating to public law in the Supreme Court is proposed.

In the Iranian legal system, social insurance, especially the retirement of hard and harmful jobs, is not concentrated in a single organization, and different legal systems are provided for different social groups. University staff are among the groups that follow specific employment regulations. This article first discusses the concepts of retirement, early retirement, and hard and harmful jobs. Then, the necessity and theoretical foundations of early retirement in hard and harmful jobs have been examined, and finally, various legal systems for early retirement and the opinions of the General Assembly of the Court of Administrative Justice related to the issue have been reviewed. The results of the research show that despite the follow of the universities from the special employment regulations approved, all non-scientific members of the universities are subject to the law on retirement of veterans and. . . approved in 1988. General Assembly of the Court of Administrative Justice related to the issue have been reviewed.