Legal and Jurisprudential Analysis of the views of the Guardian Council and the procedure of the Administrative Justice Court about Extending the Effect of Revocation to the Time of ratification

Document Type : Original Article

Author

Assistant Professor, Department of Law, Semnan University

Abstract

Although recognizing the jurisdiction of the revocation of regulation contrary to the law or the Sharia in article 170 for the Administrative Justice court, the effect of the revocation has some ambiguities. In the descriptive-analytical research has proved that Guardian Council’s views about extending the effect of revocation don't comply with legal and jurisprudential principles and even in some cases, Guardian Council has violated its foundations. On the other hand, however, since the enactment of article 20 of the Administrative Justice Court Act -2006-, emphasized on possibility of extending the effect of revocation at the time of ratification “to prevent violation of interests of individuals”, but, some factors like “passive performance of the Administrative Justice Court”, “knowing extending the effect of revocation to the past optional” and “limiting the Possibility of request the extending the effect of revocation to the past to the initial plaintiff” has prevented a proper procedure in this field. Therefore, in these cases, it is obligatory to the Administrative Justice Court to extend the effect of the revocation to the past actively and in certain cases, manipulate the effect of revocation. In cases of jurisprudential contradiction, the absolute extension of the effect of revocation to the past has unsuitable, effects, which should be manipulated in laws.
 
 

Keywords

References

-  Aghayi Toogh, Muslim (2007), Principles and Nature of Judicial Review of Government Actions: A Comparative Study of France, England and the United States, Legal Research Journal, Vol. 1, pp. 125-192.
-   Aghayi Toogh, Muslim (2018), A Reflection on the Effect of Revocation of Unlawful Regulations, Quarterly Journal of Public Law Studies, Vol. 2, Volume 48, 339-356.
-    Abazari Foumashi, Mansour (2013), Terminology of Modern Law, Volume I, Tehran: Shahid Dariush Noorollahi Publications.
- General Office of Cultural Affairs and Public Relations of the Islamic Consultative Assembly (1985), Detailed Report of the Assembly's Final Review of the Constitution of the Islamic Republic of Iran, Volume III, Tehran: General Office of Cultural Affairs and Public Relations of the Islamic Consultative Assembly.
-   Imam Khomeini, Ruhollah (1999), Sahifa of Imam Khomeini, vol. 19, Tehran: Institute for Organizing and Publishing the Works of Imam Khomeini.
- Codification, revision and publication of laws and regulations (2012), Basic Collection, Second Edition, Tehran: Vice President for Codification, revision and publication of presidential laws and regulations.
- Jafari Langroudi, Mohammad Jafar (2005), General Introduction to Law, tenth edition, Tehran: Ganj-e-Danesh Publications.
- Jafari Langroudi, Mohammad Jafar (2007), Extensive in Legal Terminology, Volumes I, II and III, Tehran: Ganj-e-Danesh Publications.
-   Daneshpajooh, Mustafa (2010), Introduction to Jurisprudence with an Approach to Iranian and Islamic Law, Second Edition, Qom: Research Center of Hozeh and University.
-   Dehkhoda, Ali Akbar (2006), Dehkhoda Medium Culture, Volume I, Tehran: Tehran University Publishing and Printing Institute.
- Ziaee, Rezvan, Nowruzi, Qudratullah, Jahanbebin, Seyed Abdullah (2015), A Reflection on the Right Acquired in the Light of the Judgments of the Administrative Justice Court, Journal of Administrative Law, Vol. 8, pp. 143-162.
- Fallahzadeh, Ali Mohammad (2008), Authorities for Controlling Government Decisions in the Legal System of the Islamic Republic of Iran with Emphasis on Constitutional Control, Perspectives on Judicial Law, Vol. 45-44, pp. 131-146.
-  Fallahzadeh, Ali Mohammad, Abrishamirad, Mohammad Amin (2014), Assessing the best mechanism for monitoring government regulations in Iran; A Critique of the Parallel Oversight of the Speaker and the Administrative Justice  Court on Government Regulations, Journal of Public Law Knowledge, Vol. 9, pp. 111-130.
- Ghesmati Tabrizi, Ali (2017), Compensation and Silver Obligations in Civil Liability, Studies in Islamic Jurisprudence and Law, Vol. 17, pp. 181-208.
-   Katozian, Nasser (1998), Philosophy of Law: Legal Sources, Volumes I and II, Tehran: Joint Stock Publications.
- Katozian, Nasser (2013), Introduction to Law and Study in the Iranian Legal System, Tehran: Joint Stock Publications.
-   Mahmoudi, Javad (2011), An Analytical Study of Administrative Proceedings in Iranian Law, Tehran: Jangal Publications.
-  Vahedi, Qudratullah (1994), Introduction to Law, Publisher: Author.
-  Vizhe, Mohammad Reza (2012), Judicial Review of the Administrative Justice Court on Executive Regulations, Journal of Public Law Research. Vol. 37, pp. 171-202.
- Hedayatnia Ganji, Farajullah (2003), The Position of the Administrative Justice Court in Dealing with People's Complaints against Government Agencies, Ravagh Andisheh Journal, Vol. 19, pp. 35-52.
Latin
-  Conrad, Daniel H (2011), Filling the Gap: The Retroactive Effect of Vacating Agency Regulations, Pace Environmental Law Review, Vol 29, 1- 41.
-  Forsyth, Christopher (2001), the legal effect of unlawful administrative acts: the theory of the second actor explained and developed, Amicus Curiae, vol 35, 20-23.
-  Levin, Ronald M (2003), "Vacation" at Sea: Judicial Remedies and Equitable Discretion in Administrative Law”, Duke Law Journal, Vol 53, 291-388.
-  Wade, H.W.R, Forsyth, C.F (2004), Administrative Law, Ninth Edition, United Kingdom: Oxford University Press.
Journal of Studies in Islamic Law & Jurisprudence
Volume 12, Issue 23
February 2021
Pages 9-34

Files

Share

How to cite

Statistics