The ideal model of proceedings in the Court of Administrative Justice from the point of view of the principles of administrative proceedings

Articles in Press

Document Type : Original Article

Authors

1 PhD student in public law from college of law and political sciences Allameh Tabatabai university

2 Assistant Professor of the Department of Public Law, Faculty of Law and Political Sciences, Allameh Tabatabai University

10.52547/jlr.2023.227964.2253

Abstract

Today in the administrative procedure act of developed countries, the realization and implementation of the principles of administrative procedure, which differentiates it from civil and criminal procedure is a necessary thing and therefore the administrative justice court branches also need to use the principles of administrative proceedings in order to provide the best way to solve disputes and administrative complaints within the framework of these principles. This research using the descriptive-analytical method, seeks to describe some of the most important principles related to administrative proceedings, in order to present suggestions for the amendment of the administrative proceedings law, in addition to the pathology of the procedure used by the administrative justice court branches. Here the question arises, what challenges and obstacles are we facing in the way of realizing the ideal model of administrative proceedings in the administrative justice court branches? It seems that the lack of administrative procedure act, independent and distinct from other types of proceedings as well as the lack of principles of fair proceedings and the existence of defects such as the completely non-verbal approach of procedure in the administrative justice court and the functional weakness of administrative judges, etc., are some of the most important challenges of procedure. They are in administrative justice court branches. This article about the principles related to administrative procedure shows that some of these principles have not been well considered in the administrative procedure act and the amendment plan of this law

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 11 March 2023

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History

  • Receive Date: 11 July 2022
  • Revise Date: 16 January 2023
  • Accept Date: 11 March 2023

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