The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Feasibility Study of Abolishing the General Assembly and Specialized Boards of the Administrative Court of Justice Based on a Critique of Law and Judi

Document Type : A critique of a judgment of the Administrative Court of Justice

Authors
1 Judge, Administrative Justice Court of Iran; Ph.D. in Public Law, University of Tehran (College of Farabi), Tehran. iran
2 Legal Expert, Administrative Justice Court of Iran; Ph.D. Candidate in Public Law, University of Tehran (College of Farabi), Tehran. iran
Abstract
The general board was foreseen in the first Law regarding the Administrative Court of Justice in the structure of the Administrative Court of Justice.  However, in the laws approved in 1981 and 2006 there was no mention of specialized boards. These boards were established in the mid-2000s (as specialized commissions) based on management measures. The legislator put a seal of approved on their activities in paragraph "L" of Article (211) of the Fifth Five-Year Development Plan Law of the Islamic Republic of Iran, approved in 2010, and finally, in Article (84) of the law approved in 2013, their structure was determined and specific powers were defined for them.  The main question raised in this article is whether these boards, considering the structural and functional problems faced by them, should not be eliminated from the structure of the Administrative Court of Justice. In response to this question and in a descriptive-analytical manner, possible options have been introduced, consisting of elimination of only the specialized boards, elimination of only the general board only, or elimination of both. The elements that justify each of these options have been explained, and the specific weaknesses, specific advantages, and common weaknesses of these boards have been formulated. In addition, alternative options and elements affecting the selection of the preferred option have been described. Finally, while conceding that there are solid justifications for maintaining these boards and continuation of the current situation, it is suggested that the specialized boards be eliminated and the name of the General Board be changed to that of the Supreme Board.
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