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Cites:

Information Journal Paper

Title

Refer to legal principles in Administrative Justice Court

Pages

  161-186

Abstract

 The legislator of the constitution, in Article 166 of the this law provides for the judiciary to issue reasoned and documentary judgments to legal and (statutory) material based on which the judgment was issued. The same legal assignment is mentioned in Article 3 of the Civil Procedure Code. The above principle has created a capacity in the Iranian judicial system, which greatly compensates for the lack of comprehensiveness of applicable laws in judicial proceedings. The reference to Legal Principles in judicial proceedings is practically carried out, although such Citations are not considered to be justified in practice. On the other hand, the existence of conceptual ambiguity in the meaning (Legal Principles) and the basis of the legal system in Iran has also contributed to the principles of the written law in the non-Citation or arbitrary Citation of judges. Therefore, while designing the concepts and categorizing the principles of law and listing the features of these principles and differentiating them from other similar concepts, it has been tried to investigate the relationship between Legal Principles and other sources in the judicial system of Iran And by expressing the criteria for the systematic Citation of these principles, the impact of the Legal Principles in general and the general Legal Principles in particular should be shown in the development of the administrative rights of the country. These studies indicate that the Justice of the Supreme Administrative Court has a significant impact on the identification of the principles of administrative law and the development of these rights in the country.

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  • Cite

    APA: Copy

    AGHAEI TOGH, MOSLEM, & Mardani, Sajjad. (2021). Refer to legal principles in Administrative Justice Court. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, 3(6 ), 161-186. SID. https://sid.ir/paper/413783/en

    Vancouver: Copy

    AGHAEI TOGH MOSLEM, Mardani Sajjad. Refer to legal principles in Administrative Justice Court. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH[Internet]. 2021;3(6 ):161-186. Available from: https://sid.ir/paper/413783/en

    IEEE: Copy

    MOSLEM AGHAEI TOGH, and Sajjad Mardani, “Refer to legal principles in Administrative Justice Court,” JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, vol. 3, no. 6 , pp. 161–186, 2021, [Online]. Available: https://sid.ir/paper/413783/en

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