A Reflection on Administrative Court Organization Models in the Judicial System

Document Type : Original Article

Author

Assistant Professor of International Law, Kharazmi University, Tehran, Iran.

10.22075/feqh.2022.28180.3354

Abstract

The significance and distinctiveness of administrative litigation, compared to other forms of litigation, stem not only from the specialized nature of administrative disputes but also from their political dimensions. According to some scholars, the Administrative Justice Court in Iran was modeled after the French administrative litigation system. However, significant differences exist between the administrative litigation structures in Iran and France. The central question of this article is to what extent the reasons for establishing an independent structure separate from general courts for handling administrative disputes exist in Iran. Is the creation of such an independent structure necessary to address the specific requirements of administrative disputes? This study examines the structural models of administrative litigation in selected European countries (notably France, the UK, and Germany), American systems (specifically the United States), and Islamic nations based on population size (including Saudi Arabia, Egypt, Turkey, Algeria, Pakistan, and Yemen). Finally, it focuses on Iran’s legal framework to answer the aforementioned questions. The findings suggest that the creation of an independent structure for administrative litigation is primarily driven by political rather than rational considerations. It appears that the political factors necessitating an independent structure for administrative litigation are not significantly present in Iran. Thus, the resolution of administrative disputes within a unified judicial framework, based on the German administrative litigation model, is feasible.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 16, Issue 35
August 2024
Pages 305-332

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