AN APPRAISAL OF NEW LAW ON THE COURT OF ADMINISTRATIVE JUSTICE

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KASHANI J.

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Paper Information

Journal: LAW & POLITICS RESEARCH JOURNAL Year:2007 | Volume:9 | Issue:22 (SPECIAL OF LOW) Page(s): 87-114

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Title

AN APPRAISAL OF NEW LAW ON THE COURT OF ADMINISTRATIVE JUSTICE

Author(s)

KASHANI J. | Issue Writer Certificate

Keywords

THE COURT OF ADMINISTRATIVE JUSTICEQ3

JURISDICTIONQ2

PRECEDENTQ3

REVOCATIONQ2

Abstract

THE COURT OF ADMINISTRATIVE JUSTICE as the sole administrative public judiciary forum has a unique role in its function to judicially observe and control the government activities. Safeguarding the people's rights against a powerful government necessitates the establishment of an independent and capable institute for harnessing the Government's power and ensuring that such power would not encroach upon the people's rights.The significance of this led to the establishment of THE COURT OF ADMINISTRATIVE JUSTICE which is laid down in Article 173 of the Constitution and the formation of which is set out in the 1980 Act on the constitution of THE COURT OF ADMINISTRATIVE JUSTICE.No doubt 25 years of judicial work and experience - during which the Court has been able to secure a balance between the power of the Government in performing its duty and protection of the people's rights - has earned the Court a high stature in the country.Yet, this is less than what is expected from a forum like THE COURT OF ADMINISTRATIVE JUSTICE with such a significant purpose and function as those mentioned above. The need for enhancing the efficient performance of the Court and expanding the area of its competence were among the many issues which were suggested to rectify its weakness and which they found their place in the new Act of 2006. In the new Act, which contains 49 Articles, most shortcomings were overcome. Nevertheless, there are still many problems which the Act has failed to address. Not to mention but a few is the Court's JURISDICTION and the need for its modification. Furthermore, the delphic structure of the text and its lack of clarity has acted as a stumbling block to the efficient functioning of the Court. The question of legal PRECEDENT and its retroactive effect is another daunting point which the Act has not been able to overcome and which is in sharp contrast with the principles of law.In a nutshell, the new Act and the process of its ratification and the seriousness of the challenge which it brings to certain legal PRECEDENTs leaves one no alternative but to question the legitimacy of the Act and its progressiveness.

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APA: Copy

KASHANI, J.. (2007). AN APPRAISAL OF NEW LAW ON THE COURT OF ADMINISTRATIVE JUSTICE. LAW & POLITICS RESEARCH JOURNAL, 9(22 (SPECIAL OF LOW)), 87-114. SID. https://sid.ir/paper/98076/en

Vancouver: Copy

KASHANI J.. AN APPRAISAL OF NEW LAW ON THE COURT OF ADMINISTRATIVE JUSTICE. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2007;9(22 (SPECIAL OF LOW)):87-114. Available from: https://sid.ir/paper/98076/en

IEEE: Copy

J. KASHANI, “AN APPRAISAL OF NEW LAW ON THE COURT OF ADMINISTRATIVE JUSTICE,” LAW & POLITICS RESEARCH JOURNAL, vol. 9, no. 22 (SPECIAL OF LOW), pp. 87–114, 2007, [Online]. Available: https://sid.ir/paper/98076/en

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