Manifestations of Judicial Oversight on Administrative Acts in the Legal Systems of Iran and the United States

Authors

    Seyed Abedin Miran Department of Law, UAE.C., Islamic Azad University, Dubai, United Arab Emirates
    Ali Alebouyeh * Department of Jurisprudence and Fundamentals of Islamic Law, Yas.C., Islamic Azad University, Yasouj, Iran ali.aleboye1002@iau.ac.ir
    Hassan Moradi Department of International Law, UAE.C., Islamic Azad University, Dubai, United Arab Emirates
https://doi.org/10.61838/

Keywords:

judicial oversight, administrative acts, Administrative Court of Justice, General Inspection Organization, U.S. law

Abstract

Judicial oversight of administrative bodies is one of the most important mechanisms for ensuring the rule of law and protecting citizens' rights against unlawful or unjustified actions by public institutions. This form of oversight, developed to promote public accountability and ensure justice, has gained significant attention in many countries in recent decades. In the Iranian legal system, judicial oversight over administrative decisions and actions is primarily exercised through the Administrative Court of Justice and the General Inspection Organization. The Administrative Court of Justice serves as the specialized authority for handling citizens' complaints against administrative decisions and actions, playing a crucial role in safeguarding individual rights. The General Inspection Organization, on the other hand, is responsible for supervising the proper implementation of laws within governmental agencies. In the U.S. legal system, judicial oversight of administrative bodies is carried out through four main institutions. Federal courts, the U.S. Supreme Court, independent regulatory commissions, and quasi-judicial bodies each have specific roles in ensuring the legitimacy of administrative decisions. Judicial oversight in the United States is exercised through constitutional interpretation, legal constraints on administrative powers, and the protection of fundamental rights. This study aims to conduct a comparative analysis of the judicial oversight mechanisms in Iran and the United States by examining their functions, jurisdiction, and effectiveness in ensuring due process and administrative justice.

References

Ajoy, P. B. (2012). Administrative Action and the Doctrine of Proportionality in India. IOSR Journal of Humanities and Social Science (JHSS), 1(6). https://doi.org/10.9790/0837-0161623

Araei, V., & Malek-Mohammadi, H. (2014). A Comparative Study of the Foundations of Judicial Oversight of Administrative Authorities' Actions and an Evaluation of Oversight Models in the Legal Systems of Iran, the UK, France, and Germany. Comparative Law Quarterly, 10(1), 101.

Emami, M., & Ostovar-Sangari, K. (2012). Criteria for Lawsuits that Can Be Filed in the Administrative Justice Court. Tehran: Mizan Publishing.

Fallon Jr, R. H. (2008). The Core of an Uneasy Case for Judicial Review. Harvard Law Review, 121, 1693.

Gorji, A. A. (2008). Rule of Law and Limitations on the Right to Petition in the Administrative Justice Court. Constitutional Law Quarterly, 7(9).

Hadavand, M. (2008). Judicial Oversight: A Conceptual Analysis of Fundamental Developments (A Proposal for the Development of Administrative Law and Enhancement of Judicial Oversight). Constitutional Law Journal(9).

Mawardi, A.-H. A. b. M., & Saberi, H. (2004). The Governance Manual. Tehran: Elmifarhang Publishing.

Moulabigi, G. (2010). Jurisdiction and Procedure of the Administrative Justice Court. Tehran: Jungle Publishing.

Mousa-Zadeh, E. (2012). A Comparative Study of Article 90 Commission and the Ombudsman Institution (Supervision and Inspection Mechanism). Judicial Legal Perspectives Scientific-Research Quarterly(57).

Nejatkhah, M. (2017). A Challenge Facing the Administrative Justice Court in Resolving Water-Related Disputes. Energy Law Studies Quarterly, 3(1).

Parvin, K., & Ayeneh-Negini, H. (2020). The Jurisdiction of the Administrative Justice Court in Reviewing Appeals Against Quasi-Judicial Authorities' Decisions: "A Reflection on a Ruling". Administrative Law Quarterly, 8(24).

Rasekh, M. (2009). Supervision and Balance in the Constitutional Law System. Tehran: Drak Publishing.

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Published

2025-09-23

Submitted

2024-12-25

Revised

2025-03-10

Accepted

2025-03-17

Issue

Section

مقالات

How to Cite

Miran, S. A., Alebouyeh, A. ., & Moradi, H. (1404). Manifestations of Judicial Oversight on Administrative Acts in the Legal Systems of Iran and the United States. Comparative Studies in Jurisprudence, Law, and Politics, 7(3), 348-367. https://doi.org/10.61838/

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