THE DEFENDANT IN THE ADMINISTRATIVE COURT OF JUSTICE

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VAEZI SAYYED MOJTABA; SOLEYMANI MAHASTI

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2016 | Volume:5 | Issue:13 Page(s): 23-42

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Title

THE DEFENDANT IN THE ADMINISTRATIVE COURT OF JUSTICE

Author(s)

VAEZI SAYYED MOJTABA | SOLEYMANI MAHASTI | Issue Writer Certificate

Keywords

ADMINISTRATIVE COURT OF JUSTICE

ADMINISTRATION

GOVERNMENT

ADMINISTRATIVE CLAIMS

JURISDICTION

DEFENDANT

Abstract

One of the controversial issues regarding the JURISDICTION of the ADMINISTRATIVE COURT OF JUSTICE is to clarify the institutions under its JURISDICTION. From the beginning of this court’s formation, there have been posited two approaches in this regard: first: restriction of the DEFENDANT to the executive power, and second: inclusiveness of the court’s JURISDICTION to all of the institutions with the public power. This article while explaining the concept of GOVERNMENT in the ADMINISTRATIVE CLAIMS, strengthens the latter approach as the desirable one. This study with a descriptive-analytical method and scrutiny on law and judicial precedent indicates that the first approach isn’t accepted by law and judicial precedent with the emphasis on the theory regarding the nature of administrative-executive actions of the institutions having public power. The approach of inclusiveness, not completely, but with some exceptions is also accepted by law. Although the DEFENDANT isn’t restricted to the executive power from the perspective of judicial precedent, but this viewpoint is also far from the second approach and all the institutions having public power aren’t under the JURISDICTION of the court.

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APA: Copy

VAEZI, SAYYED MOJTABA, & SOLEYMANI, MAHASTI. (2016). THE DEFENDANT IN THE ADMINISTRATIVE COURT OF JUSTICE. JOURNAL OF PUBLIC LAW KNOWLEDGE, 5(13 ), 23-42. SID. https://sid.ir/paper/267135/en

Vancouver: Copy

VAEZI SAYYED MOJTABA, SOLEYMANI MAHASTI. THE DEFENDANT IN THE ADMINISTRATIVE COURT OF JUSTICE. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2016;5(13 ):23-42. Available from: https://sid.ir/paper/267135/en

IEEE: Copy

SAYYED MOJTABA VAEZI, and MAHASTI SOLEYMANI, “THE DEFENDANT IN THE ADMINISTRATIVE COURT OF JUSTICE,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 5, no. 13 , pp. 23–42, 2016, [Online]. Available: https://sid.ir/paper/267135/en

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