Research and Development in Public Law

Research and Development in Public Law

The Administrative Court of Justice, drawing of duality of Iran's judicial system

Document Type : Original Article

Authors
1 PhD student in Public Law, Islamic Azad University, North Tehran Branch, Tehran, Iran
2 PhD student in public law, Shahid Beheshti University, Tehran, Iran
3 Judge of the Administrative Court of Justice and Doctor of Public Law, Shahid Beheshti University, Tehran, Iran
Abstract
The Administrative Court of Justice, as a general authority of administrative proceedings and an upholder of the rule of law, has introduced a new design in the field of the judicial order of Iran in recent decades. This article seeks to answer the question of whether the institution of the Administrative Court of Justice has led to a duality of the judicial system in the Islamic Republic of Iran? In the context of a descriptive-analytical research, it was argued that the Administrative Court of Justice, as a court and general administrative judicial authority under the judiciary, represents a separate administrative judicial order, distinct from the general judicial order. Therefore, in addition to the exclusive jurisdiction of the Administrative Court of Justice over administrative proceedings, which itself has strengthened the duality of the judicial system in Iran, significant factors and issues, including: "the Administrative Court of Justice’s undisputed supremacy over administrative courts under the executive branch"; "the Court’s judicial interactions with the fundamental judicial body"; "the independence of the Court of Justice from other judicial authorities within the judiciary"; "'the Administrative Court of Justice's prominence alongside other judicial authorities"; and "the Court's power to establish uniform judicial practice” have further reinforced the perception of a dual judicial order in the country.
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