CHECKING THE POSITION OF GENERAL POLICIES IN ADMINISTRATIVE ADJUDICATION

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SHIRZAD OMID

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Journal Paper

Paper Information

Journal: JOURNAL OF THE MARCO AND STRATEGIC POLICIES Year:2016 | Volume:4 | Issue:14 Page(s): 169-183

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Information Journal Paper

Title

CHECKING THE POSITION OF GENERAL POLICIES IN ADMINISTRATIVE ADJUDICATION

Author(s)

SHIRZAD OMID | Issue Writer Certificate

Keywords

GENERAL POLICIES OF STATEQ2

ADMINISTRATIVE JUSTICE COURTQ1

JUDICIAL REVIEWQ2

Abstract

Existence of general state policies in the spectrum of legal norms has given Iran’s legal system a specific character. The legislators have put a great emphasis on heeding the existing hierarchy among legal norms. They have also prepared seasoned review and supervision tools to make sure inferior norms are subordinated to the superior ones. Iran’s constitutional legislators likewise have stressed the necessity of supervising the proper implementation of general policies. The present paper tries to delve into two basic questions: one, should governmental regulations, as sub-norms, be necessarily in line with general state policies? And two, is the administrative judge authorized to refer to general state policies to annul bureaucratic regulations? The present paper analyzes the nature of general state policies and also regulations regarding supervision of the correct implementation of general policies. Carrying out the analysis, the paper will argue that it is outside of the administrative judge’s jurisdiction to rule in case there is a discrepancy between general state policies and bureaucratic regulations. The paper will conclude by stating that in such cases the Expediency Council’s verdict will be final and the administrative judge has to obey the ruling.

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APA: Copy

SHIRZAD, OMID. (2016). CHECKING THE POSITION OF GENERAL POLICIES IN ADMINISTRATIVE ADJUDICATION. JOURNAL OF THE MARCO AND STRATEGIC POLICIES, 4(14), 169-183. SID. https://sid.ir/paper/244368/en

Vancouver: Copy

SHIRZAD OMID. CHECKING THE POSITION OF GENERAL POLICIES IN ADMINISTRATIVE ADJUDICATION. JOURNAL OF THE MARCO AND STRATEGIC POLICIES[Internet]. 2016;4(14):169-183. Available from: https://sid.ir/paper/244368/en

IEEE: Copy

OMID SHIRZAD, “CHECKING THE POSITION OF GENERAL POLICIES IN ADMINISTRATIVE ADJUDICATION,” JOURNAL OF THE MARCO AND STRATEGIC POLICIES, vol. 4, no. 14, pp. 169–183, 2016, [Online]. Available: https://sid.ir/paper/244368/en

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