Critique of the Competence of the Administrative Justice Court in issuing the Unified Judicial Precedent

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ABRISHAMI RAD MOHAMMAD AMIN; Aineh Negini Hossein

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2019 | Volume:8 | Issue:25 Page(s): 85-102

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Information Journal Paper

Title

Critique of the Competence of the Administrative Justice Court in issuing the Unified Judicial Precedent

Author(s)

ABRISHAMI RAD MOHAMMAD AMIN | Aineh Negini Hossein | Issue Writer Certificate

Keywords

Unified Judicial Precedent

Administrative Justice Court

Supreme Court

Article 161

Article 173

Abstract

Enumerating the sources for judgment in Article 167, the Constitution of the Islamic Republic of Iran implicitly considers the Unified Judicial Precedents as the other sources. Although the issuance of Unified Judicial Precedents based on the Constitution is exclusively the competence of the the Supreme Court but it is one of the powers of the Administrative Justice Court according to the ordinary laws. Based on descriptive-analytic studies, it was found that predicting this competence for the Administrative Justice Court is in contradiction with different Constitutional Articles, including Articles 73, 173, 161 and also legal principles such as "independence of judges" and "incompetency". In addition, with regards to legal mechanism set forth in Article 161, even with taking into account the specific judicial requirements, predicting this competence for the Administrative Justice Court through the Expediency Council has no legal justification. Accordingly, in order to protect both Constitutional principles and the processes existing in such fundamental legal text and to respond judicial requirements, it is proposed to devolve such competence to panel of judges specialized in the administrative matters within the Supreme Court structure.

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APA: Copy

ABRISHAMI RAD, MOHAMMAD AMIN, & Aineh Negini, Hossein. (2019). Critique of the Competence of the Administrative Justice Court in issuing the Unified Judicial Precedent. JOURNAL OF PUBLIC LAW KNOWLEDGE, 8(25 ), 85-102. SID. https://sid.ir/paper/372450/en

Vancouver: Copy

ABRISHAMI RAD MOHAMMAD AMIN, Aineh Negini Hossein. Critique of the Competence of the Administrative Justice Court in issuing the Unified Judicial Precedent. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2019;8(25 ):85-102. Available from: https://sid.ir/paper/372450/en

IEEE: Copy

MOHAMMAD AMIN ABRISHAMI RAD, and Hossein Aineh Negini, “Critique of the Competence of the Administrative Justice Court in issuing the Unified Judicial Precedent,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 8, no. 25 , pp. 85–102, 2019, [Online]. Available: https://sid.ir/paper/372450/en

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