Recognizing the Concept of Administrative Regulations with the Emphasis on the Judicial Precedent of the General Board of the Administrative Justice Court

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NEJABATKHAH MORTEZA; Faqih Larijani Farhang

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Title

Recognizing the Concept of Administrative Regulations with the Emphasis on the Judicial Precedent of the General Board of the Administrative Justice Court

Author(s)

NEJABATKHAH MORTEZA | Faqih Larijani Farhang | Issue Writer Certificate

Keywords

Administrative Regulations

Administrative Justice Court

General Board of the Administrative Justice Court

Judicial Precedent

Abstract

Administrative Regulations are general applicable rules of an administrative agency which effectuates and interprets a law or policy. General Board of Administrative Justice Court (AJC) has the competence to adjudicate the petitions, plaints and objections of citizens against by-laws and other regulations of governmental and municipalities and public non-governmental agencies. The competence of divisions and general board is separated from each other and the substance of administrative actions, under their competence is also different. This article, by scrutinizing on the precedent of the general board, tries to conceptualize the "Administrative Regulations" and presents the criteria for clarifying the concepts and instances of those regulations in according to the general board's precedent. Administrative Regulations as a body of legal rules have the characteristics of generality and obligatory, and the general board of AJC recognizes it as well. If an administrative enactment includes a specific decision without any general aspect, it is not considered as an administrative regulation. Likewise, if it contains a proposal, consultancy, expert opinion or signification of an enactment, it won't be mandatory and it is not an administrative regulation.

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APA: Copy

NEJABATKHAH, MORTEZA, & Faqih Larijani, Farhang. (2020). Recognizing the Concept of Administrative Regulations with the Emphasis on the Judicial Precedent of the General Board of the Administrative Justice Court. JOURNAL OF PUBLIC LAW KNOWLEDGE, 9(27 ), 89-108. SID. https://sid.ir/paper/398403/en

Vancouver: Copy

NEJABATKHAH MORTEZA, Faqih Larijani Farhang. Recognizing the Concept of Administrative Regulations with the Emphasis on the Judicial Precedent of the General Board of the Administrative Justice Court. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2020;9(27 ):89-108. Available from: https://sid.ir/paper/398403/en

IEEE: Copy

MORTEZA NEJABATKHAH, and Farhang Faqih Larijani, “Recognizing the Concept of Administrative Regulations with the Emphasis on the Judicial Precedent of the General Board of the Administrative Justice Court,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 9, no. 27 , pp. 89–108, 2020, [Online]. Available: https://sid.ir/paper/398403/en

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