Citation Limits of the Civil Procedure Act in the Administrative Justice Court

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ABRISHAMI RAD MOHAMMAD AMIN; Ayene Negini Hossein

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2020 | Volume:9 | Issue:29 Page(s): 115-136

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Information Journal Paper

Title

Citation Limits of the Civil Procedure Act in the Administrative Justice Court

Author(s)

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

Keywords

Procedure of the Administrative Justice Court

Relative Silence

Absolute Silence

Civil Procedure Act

Article 122 of the Act on the Administrative Justice Court

Abstract

According to the Act on the Organization and Procedure the Administrative Justice Court-passed in 2013-the procedure of the Court is predicted in three forms: explicit stipulation of the provisions in this Act, explicit reference of some issues to the Civil Procedure Act and the Act on the Enforcement of Civil Judgments, and general reference to mentioned acts in cases of silence. This research through a descriptive-analytical method seeks to explain the citation limits of the Civil Procedure Act in the Administrative Justice Court. It was concluded that in none of the two recent above-mentioned cases, it is possible to cite to the Civil Procedure Act in the Administrative Justice Court. The provisions of this Act cannot be invoked. Therefore, so as to cite to the Civil Procedure Act in the Administrative Justice Court, only those provisions of this Act can be invoked that are consistent with the structural requirements, jurisdiction and nature of the lawsuits filed in the Court. Due to the fact that the lack of explanation of the above-mentioned criteria causes divisions in the judicial precedent or violation of the rights of the individuals, it was suggested that the Comprehensive Act on the Procedure of the Administrative Justice Court be passed.

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APA: Copy

ABRISHAMI RAD, MOHAMMAD AMIN, & Ayene Negini, Hossein. (2020). Citation Limits of the Civil Procedure Act in the Administrative Justice Court. JOURNAL OF PUBLIC LAW KNOWLEDGE, 9(29 ), 115-136. SID. https://sid.ir/paper/376643/en

Vancouver: Copy

ABRISHAMI RAD MOHAMMAD AMIN, Ayene Negini Hossein. Citation Limits of the Civil Procedure Act in the Administrative Justice Court. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2020;9(29 ):115-136. Available from: https://sid.ir/paper/376643/en

IEEE: Copy

MOHAMMAD AMIN ABRISHAMI RAD, and Hossein Ayene Negini, “Citation Limits of the Civil Procedure Act in the Administrative Justice Court,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 9, no. 29 , pp. 115–136, 2020, [Online]. Available: https://sid.ir/paper/376643/en

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