THINKING ABOUT THE EFFECTS OF ANNULMENT OF REGULATIONS CONTRARY TO THE LAW

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AGHAEI TOUGH MOSLEM

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2018 | Volume:48 | Issue:2 Page(s): 339-356

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Information Journal Paper

Title

THINKING ABOUT THE EFFECTS OF ANNULMENT OF REGULATIONS CONTRARY TO THE LAW

Author(s)

AGHAEI TOUGH MOSLEM | Issue Writer Certificate

Keywords

ANNULMENTQ2

NULLITYQ2

ADMINISTRATIVE LAWQ1

COURT OF ADMINISTRATIVE JUSTICEQ1

REGULATIONSQ1

Abstract

Nullity of REGULATIONS is one of the main sanctions of the rule of law in ADMINISTRATIVE LAW of Iran as well as other different countries. However, the fact that after the ANNULMENT of an administrative act, what time it effects will be nullified, is one of the most important issues of ADMINISTRATIVE LAW. This is important at least for four reasons: the conceptual analysis of ANNULMENT, requirements of the rule of law and compensation of the breached rights are consistent with the retroactive effects of the ANNULMENT. On the other hand, legal security and acquired rights are more consistent with the prospective effects of the ANNULMENT. Article 13 of the Structure and the Process of the COURT OF ADMINISTRATIVE JUSTICE Act (2013) has considered the effect of the ANNULMENT since the issuance of a judgment except in cases of conflict with the Sharia or when it is not suitable for the restoration of breached rights. Although this article is on the side of legal security and acquired rights, it is contrary to the legal understanding and the rule of law. The precedent of the COURT OF ADMINISTRATIVE JUSTICE shows that it doesn’t have a good supportive approach to the breached rights of persons. The method in this study is analytic- comparative.

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APA: Copy

AGHAEI TOUGH, MOSLEM. (2018). THINKING ABOUT THE EFFECTS OF ANNULMENT OF REGULATIONS CONTRARY TO THE LAW. PUBLIC LAW STUDIES QUARTERLY, 48(2 ), 339-356. SID. https://sid.ir/paper/251331/en

Vancouver: Copy

AGHAEI TOUGH MOSLEM. THINKING ABOUT THE EFFECTS OF ANNULMENT OF REGULATIONS CONTRARY TO THE LAW. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2018;48(2 ):339-356. Available from: https://sid.ir/paper/251331/en

IEEE: Copy

MOSLEM AGHAEI TOUGH, “THINKING ABOUT THE EFFECTS OF ANNULMENT OF REGULATIONS CONTRARY TO THE LAW,” PUBLIC LAW STUDIES QUARTERLY, vol. 48, no. 2 , pp. 339–356, 2018, [Online]. Available: https://sid.ir/paper/251331/en

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