The Role of the Judicial Procedure of the Administrative Justice Tribunal in Developing the Principles of Administrative Law from a Human Rights Perspective

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Tariverdi Sadegh; FALLAHZADEH ALI MOHAMMAD

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Journal: Medical Law Year:2020 | Volume:14 | Issue:Special Issue on Human Rights and Citizenship Rights Page(s): 499-513

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Title

The Role of the Judicial Procedure of the Administrative Justice Tribunal in Developing the Principles of Administrative Law from a Human Rights Perspective

Author(s)

Tariverdi Sadegh | FALLAHZADEH ALI MOHAMMAD | Issue Writer Certificate

Keywords

Judicial ProceduresQ2

Administrative Justice CourtQ1

Administrative LawsQ1

Human RightsQ2

Abstract

Background and Aim: Along with the law, the Judicial Procedures are enumerated amongst the most important sources of the legal regulations' creation. Although Judicial Procedures have been mostly considered in Iran's administrative law system as a secondary and interpretational source of the law, the role of the administrative courts, especially and atop of them, the role of the administrative justice tribunal has been very important and vital in the expression and production of the Judicial Procedures containing general principles and fundamental concepts of the Administrative Laws. The present article aims at investigating the role of the general assembly of the Administrative Justice Court in the identification and solidification of the administrative law's principles for the sublimation and fostering of these principles with attentions to the Human Rights. Materials and Methods: The study method is documentary research through the use of library resources. Findings: As one of the institutions supporting and guarding the Human Rights in the constitution of the Islamic Republic of Iran, Administrative Justice Court features a longer history and oldness regarding the support and safeguarding of the human right in contrast to the other institutions. Moreover, although the Judicial Procedures of this institute are proposed as a secondary source, it has played a significant role in the development of the principles of the Administrative Laws. Conclusion: In the administrative trials, the mere reliance on the statutory provisions and the principle "the rule of law" for judicial controlling of the administrative authorities' decisions and interventions is not so much promising. In this regard, the use of such a scale as "principles of the Administrative Laws" can bridge the gap stemming from the absence of regulation-making resources, particularly for the judicial controlling of the administrative actions. The observance of the Human Rights is amongst the most important duties defined for the Administrative Justice Court. In this regard, several roles of the general assembly of the Administrative Justice Court are very important and vital for expressing and producing the Judicial Procedures containing general principles and fundamental concepts of the law; however, it can be generally asserted that the Administrative Justice Court has not been so much successful seminally in the enjoyment of the modern principles of the Administrative Laws and, also, the authorities of the Administrative Justice Court have been reduced in supporting and requiring the governmental organs for and to the observance of the Human Rights.

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APA: Copy

Tariverdi, Sadegh, & FALLAHZADEH, ALI MOHAMMAD. (2020). The Role of the Judicial Procedure of the Administrative Justice Tribunal in Developing the Principles of Administrative Law from a Human Rights Perspective. MEDICAL LAW, 14(Special Issue on Human Rights and Citizenship Rights ), 499-513. SID. https://sid.ir/paper/382853/en

Vancouver: Copy

Tariverdi Sadegh, FALLAHZADEH ALI MOHAMMAD. The Role of the Judicial Procedure of the Administrative Justice Tribunal in Developing the Principles of Administrative Law from a Human Rights Perspective. MEDICAL LAW[Internet]. 2020;14(Special Issue on Human Rights and Citizenship Rights ):499-513. Available from: https://sid.ir/paper/382853/en

IEEE: Copy

Sadegh Tariverdi, and ALI MOHAMMAD FALLAHZADEH, “The Role of the Judicial Procedure of the Administrative Justice Tribunal in Developing the Principles of Administrative Law from a Human Rights Perspective,” MEDICAL LAW, vol. 14, no. Special Issue on Human Rights and Citizenship Rights , pp. 499–513, 2020, [Online]. Available: https://sid.ir/paper/382853/en

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