Ali hamidi; Hossein alekajbaf
Volume 10, Issue 3 , January 2022, , Pages 63-88
Abstract
One of the important achievements of the Islamic Revolution of Iran is the establishment of the "Court of Administrative Justice" in order to regulate the relationship between the actions ...
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One of the important achievements of the Islamic Revolution of Iran is the establishment of the "Court of Administrative Justice" in order to regulate the relationship between the actions of the government and the rights of citizens. But in spite its law was amended on average once every ten years but so far it has not been able to act as a regulator of its level, such as the French Council of State, in achieving the goals set by the legislature, so that every year the number administrative lawsuits against government officials and institutions is increasing. This inefficiency is the product of a series of obstacles and challenges in issuing and implementing its verdicts. This study, with the aim of reducing these barriers, and in response to this general question: what measures can be considered to improve the oversight of the Court of Administrative Justice and its better impact on the protection of civil rights in the system of the Islamic Republic of Iran? first identifies these barriers and challenges by descriptive-analytical method. Then, with a comparative approach to successful methods of issuing and implementing the verdicts of the French Council of State to improve the Court's oversight, achieved these results: An important institution of the judiciary should be foreseen in the law of the court. its oversight territory extends to all executive actions of the government. that the reduction of the Court's oversight barriers has a direct impact on the restoration of citizenship rights.