Reasonableness and Legality of Judicial Decisions by the General Board of Administrative Justice Court; Defect in Invoking to the Constitution

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SOUDMANDI ABDOLMAJID

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Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:20 | Issue:61 Page(s): 261-289

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Title

Reasonableness and Legality of Judicial Decisions by the General Board of Administrative Justice Court; Defect in Invoking to the Constitution

Author(s)

SOUDMANDI ABDOLMAJID | Issue Writer Certificate

Keywords

Reasonableness of Judicial DecisionsQ1

the General Board of Administrative Justice CourtQ1

JudgmentQ1

the ConstitutionQ2

the Guardian CouncilQ2

Abstract

Reasonableness and Legality of judicial decisions are among the most accepted legal principles governing judicial and quasi-judicial institutions, and the Administrative Justice Court (“ AJC” ) as a judicial institution is subject to this rule. However, it is undeniable that in some cases, the General Board of Administrative Justice Court (“ GBAJC” ) has evaded or neglected to abide by this rule. Failure of the GBAJC to comply with this rule could be occurred in invocation of any of the legal evidences. In this paper, by studying the types of violation of this rule by the GBAJC in invocation of "the Constitution", it was seen that this violation resulted in issuing doubtful or even wrongful decisions. Hence, given that the GBAJC is the unique referee for complaint of governmental regulations, and its Judgments are not supervised by any other institutions, it can be rightly expected that it shall try harder for precise observance of this rule; in particular, given that the consequences of its wrongful Judgments in revocation or not revocation of governmental regulations not only is confined to the plaintiff itself but can affect a large group of people.

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APA: Copy

SOUDMANDI, ABDOLMAJID. (2019). Reasonableness and Legality of Judicial Decisions by the General Board of Administrative Justice Court; Defect in Invoking to the Constitution. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 20(61 ), 261-289. SID. https://sid.ir/paper/225207/en

Vancouver: Copy

SOUDMANDI ABDOLMAJID. Reasonableness and Legality of Judicial Decisions by the General Board of Administrative Justice Court; Defect in Invoking to the Constitution. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;20(61 ):261-289. Available from: https://sid.ir/paper/225207/en

IEEE: Copy

ABDOLMAJID SOUDMANDI, “Reasonableness and Legality of Judicial Decisions by the General Board of Administrative Justice Court; Defect in Invoking to the Constitution,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 20, no. 61 , pp. 261–289, 2019, [Online]. Available: https://sid.ir/paper/225207/en

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