عنوان مقاله [English]
In the Iranian legal system, illegality, opposition to the Sharia and actingultra vires constitute the grounds for judicial review of administrative acts bythe Administrative Justice Court. In contrast, in Common Law systemsillegality, irrationality and procedural impropriety are the grounds forjudicial review by courts. According to this classification, ‘wednesbury’unreasonableness and proportionality lie within irrationality as a ground ofjudicial review. This paper intends to study the concept of irrationality andits components as well as the jurisprudence of Administrative Justice Court,in order to clarify whether it is possible to identify this as a ground forjudicial review by the Administrative Justice Court. The recent study hasshown that although, in its precedents, the Court recognizes proportionalityand unreasonableness in the broad sense, it does not do so independently butas part of illegality and ultra vires actions. Although the court does notexplicitly recognize ‘wednesbury’ unreasonableness as a ground of judicialreview, it would appear that the said ground is identified in the appendix onthe concept of abuse of power and refusal to perform duties that hurtindividuals’ rights.