A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran

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AGHAEE TOOGH MOSLEM

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:20 | Issue:62 Page(s): 243-265

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Information Journal Paper

Title

A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran

Author(s)

AGHAEE TOOGH MOSLEM | Issue Writer Certificate

Keywords

Administrative Justice SystemQ1

Court of Administrative JusticeQ1

Administrative LawQ1

Responsibility of the StateQ1

JudiciaryQ1

Abstract

In Iran, claims concerning administrative responsibility of State are dealt with in two different courts. When the Court of Administrative Justice (“ CAJ” ) has ascertained the breach of law, the Ordinary Court determines the extent of the damage suffered. This duality in judicial procedure is the relic of the Law on the State Council approved in 1960, which seemed logical given the constraints of that institution, which was contrary to the constitutional rules. However, the CAJ is identified in the Constitution of the I. R. I as part of the country's Judiciary and the article 173 of the Constitution grants the jurisdiction over complaints, grievances, and objections of the people against the State. Accordingly, this duality is not compatible with the current judicial structure of the country and it aggravates slowness of judicial process, and increases the complexity of the judicial system and its costs, without any clear necessity.

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APA: Copy

AGHAEE TOOGH, MOSLEM. (2019). A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 20(62 ), 243-265. SID. https://sid.ir/paper/225271/en

Vancouver: Copy

AGHAEE TOOGH MOSLEM. A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;20(62 ):243-265. Available from: https://sid.ir/paper/225271/en

IEEE: Copy

MOSLEM AGHAEE TOOGH, “A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 20, no. 62 , pp. 243–265, 2019, [Online]. Available: https://sid.ir/paper/225271/en

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