Supervision of Adjudication by Municipal Administrative Review Bodies and Strategies for Resolving Challenges

Authors

    Ali Asghar Rezaei PhD Student in Public Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran.
    Hojatollah Ebrahimian * Associate Professor, Department of Public Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran Hojjat49@gmail.com
    Mohammad Ali Kafaeifar Assistant Professor, Department of Public Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran
https://doi.org/10.61838/

Keywords:

Supervision, Adjudication, Administrative Review Bodies, Municipality, Administrative Justice Court

Abstract

Municipal administrative review bodies are among the most important specialized and administrative authorities, and due to their extensive connection with the rights of the public, their adjudication processes are of high significance. The manner in which the adjudication of these bodies is supervised requires discussion and analysis. Accordingly, the present article aims to examine the important question of how the adjudication of municipal administrative review bodies is supervised, what challenges it faces, and what strategies can be adopted to overcome these challenges. This article is descriptive-analytical in nature and employs a library research method to address the aforementioned question. The findings indicate that the Administrative Justice Court, as a supervisory authority, oversees the fair trial process of municipal administrative bodies. In municipal administrative bodies, the general principles of fair trial must be observed, and failure to observe any of these principles, in a manner that undermines citizens’ rights, will result in the annulment of the decision by the Administrative Justice Court. In the event that the convicted person or authority refuses to comply with the decision, the issuing chamber shall, at the request of the prevailing party, refer the matter to the head of the Court. It should be noted, however, that in addressing violations committed by municipal administrative bodies in the Administrative Justice Court, only those principles of fair trial explicitly stipulated by law are considered. It appears that with regard to other principles of fair trial, the Administrative Justice Court does not have the authority to annul decisions.

References

Alavi Tabar, A. (2010). Public Participation in Urban Management (4th ed.). Iran Municipalities Organization Publications.

Darvishi, B. (2009). Authority to Annul Governmental Regulations Contrary to Sharia Standards: Guardian Council or Administrative Justice Court? (1st ed.). Islamic Azad University, Central Tehran Branch Publications.

Delavari, M. R. (2011). Commentary and Analysis of the Administrative Justice Court Law (2nd ed., Vol. 1). Javedaneh/Jangal Publications.

Fallah Zadeh, A. M. (2007). The Position of Administrative Justice Court in the Constitution of Islamic Republic of Iran. Journal of Legal and Jurisprudential Research, 1(1), 17-40.

Hedavand, M. (2008). Judicial Review: Conceptual Analysis of Fundamental Developments. Constitutional Law Quarterly, 5(9), 7-56.

Hedavand, M., & Aghaei Touq, M. (2010). Special Administrative Courts (2nd ed.). Khersandi Publications.

Heidari, N. (2016). Judicial Review of Abuse of Administrative Authority: A Comparative Perspective with English Law Allameh Tabataba'i University Faculty of Law]. Tehran.

Hemmati, M. (2016). Analysis of Administrative Justice Court Law from Perspective of Fair Administrative Trial Standards - With View to European Court of Human Rights Practice. Public Law Research Quarterly, 19(55), 245-272.

Hosseinabadi, T., & Moradkhani. (2016, 2016/03/15). Examining Fair Trial Principles in Labor Dispute Resolution Bodies. First International Congress on Comprehensive Law, Tehran.

Jalali, M. (2010). Administrative Law Lectures (1st ed.). Islamic Azad University, Central Tehran Branch Publications.

Kashani, M. (2012). Property Rights in Light of Urban Development Regulations. Legal Research Journal, 15(57), 7-50.

Mashhadi, A. (2011). Justification and Critique of Judicial Review of Executive Discretionary Powers. Legal Information Quarterly, 6(21-22), 63-85.

Mazarai, G. H. (2013). Grounds for Annulment of Government Actions in Administrative Justice Court and Guardian Council (1st ed.). Khersandi Publications.

Mehran, S. M. (2013). Requirements of Observing Fair Trial Principles in Municipal Article 100 Commissions. Adlieh Legal Journal, 0(0), 1-15.

Norouzi, G. (2010). The Role of Administrative Justice Court in Developing and Protecting Human Rights. Free Legal Research Journal, 3(5-7), 241-280.

Pour Salim Bonab, J. (2008). Citizens' Rights in Municipalities (3rd ed.). Andisheh Publishing.

Rafiei, A. (2010). Labor Law Course Notes (1st ed.). Islamic Azad University, North Tehran Branch Publications.

Rezaei Zadeh, M. J. (2014). Urban Planning Law (1st ed.). Majd Publications.

Rostami, V., & Akbari, E. (2017, 2017/12/22). The Position of Fair Trial Principles in the Administrative Justice Court Formation and Procedure Law. First National Conference on Citizenship Rights, Saghez.

Samadi Ghoshchi, Z. (2011). Construction Violations in Iran's Legal System (5th ed.). Jangal/Javedaneh Publications.

Shahnaei, K. (2007). The Role of Administrative Justice Court in Ensuring Administrative and Social Justice. Legal Research Journal, 1(1), 41-60.

Shams, A. (2011). Civil Procedure Code (Advanced Course) (24th ed., Vol. 1). Drak Publications.

Tabatabaei Motameni, M. (2018). Administrative Law (23rd ed.). SAMT Publications.

Taheri Estakhsari, G. (1998). Examining Regulatory Tools for Governmental Regulations in Iranian Constitutional Law University of Tehran Faculty of Law]. Tehran.

Tavakoli, M. M. (2018). Concise Civil Procedure Code (6th ed.). Tarh-e Noein Publications.

Vijeh, M. R. (2009). Separation of Powers Principle in Administrative Justice Court Rulings. Judiciary Law Journal, 73(67), 39-54.

Yavari, A. (2014). From Trial to Fair Trial: Evolution in Classical Concept and Scope of Trial and Its Guarantees. Legal Research Journal, 17(68), 209-238.

Zarei, M. H. (2001). An Analysis of the Connection Between Administrative Law and Public Administration Based on Rule of Law. Mofid Journal, 5(38), 27-44.

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Published

2024-09-15

Submitted

2024-06-21

Revised

2024-08-15

Accepted

2024-08-22

Issue

Section

مقالات

How to Cite

Rezaei, A. A., Ebrahimian, H., & Kafaeifar, M. A. . (1403). Supervision of Adjudication by Municipal Administrative Review Bodies and Strategies for Resolving Challenges. Comparative Studies in Jurisprudence, Law, and Politics, 6(2), 344-362. https://doi.org/10.61838/

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