The Principle of Reasoning, Documenting, and Justifying the Opinions of Quasi-Judicial Authorities by Examining Judicial Procedure

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Hajipoor Parviz; Faghih Habibi Ali; Habibzadeh Tavakol

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2023 | Volume:11 | Issue:42 Page(s): 277-314

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Information Journal Paper

Title

The Principle of Reasoning, Documenting, and Justifying the Opinions of Quasi-Judicial Authorities by Examining Judicial Procedure

Author(s)

Hajipoor Parviz | Faghih Habibi Ali | Habibzadeh Tavakol | Issue Writer Certificate

Keywords

Court of Administrative Justice

administrative decisions

reasoning and documentation

statement of reasons

right to defense

Abstract

The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial body on the rulings issued by these authorities, can be necessary to evaluate the performance of the government and the judiciary against the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of a fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular, has not yet found its proper place. These principles and their importance have been mentioned in the jurisprudence of the Court of Administrative Justice, but this issue has not been considered by the quasi-judicial authorities. This issue has not yet reached its true place in the jurisprudence of the Court of Administrative Justice, and this issue has become more and more important due to the pervasiveness of fair trials in legal systems.

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