Mohammad Hossein Zarei; Ayyam Kamarkhani
Abstract
The State in the general sense is competent to make binding decisions to protect the public interest, on behalf of the people in response to the events of social life. One of the issues that governments have responded in the last two centuries in various forms such as lawmaking, adoptions of economic ...
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The State in the general sense is competent to make binding decisions to protect the public interest, on behalf of the people in response to the events of social life. One of the issues that governments have responded in the last two centuries in various forms such as lawmaking, adoptions of economic policies and the issuance of judicial rulings has been economic crises. Given the impact of judicial rulings on resource allocation and the effectiveness of government economic policies and its constructive role in achieving the rule of law, it is important to provide an analysis of the fluctuations and characteristics of judicial rulings in times of significant economic crisis; Therefore, in this article, by examining the rulings of the Court of Administrative Justice during the currency crisis of the 1990s and the current economic crisis in Iran, it is intended to provide an appropriate analysis for the above question. The results of these studies indicate that in times of economic crisis, the performance of the Administrative Court of Justice is very significant and this issue is due to the excessive intervention of executive bodies through overregulation. The Administrative Court of Justice is also negligent for not considering the fact that the occurrence of economic crisis is the main cause of overregulation.
hamed oladi
Abstract
This article is an analytical study of Clauses C and D of Article 80 of the Administrative Justice Court Act that requires persons that request voiding of regulations (voiding regulations due to contradiction with Islamic law) to express causes of law and related reasons with clarified remedy and finally ...
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This article is an analytical study of Clauses C and D of Article 80 of the Administrative Justice Court Act that requires persons that request voiding of regulations (voiding regulations due to contradiction with Islamic law) to express causes of law and related reasons with clarified remedy and finally refusing the application. In this study, it is revealed that Clauses C and D of Article 80 of Administrative Justice Court Act leads to violating timetable of effect of voiding due to violation of principles 166 and 167 of the Constitution and associated clauses. In practice, analyzing the precedent of jurists of Guardian Council in 2 fields of Islamic control of laws and regulations in the years 1982 to 2016 is not described as documentary and plausible. Thus, the contents of aforesaid Clauses are illegitimate limitation over fair trial and the issue of Islamic Judgment and Islam shall be eliminated from aforesaid Clauses.
Vali Rostami; Samira Asghari
Abstract
Regulations governing the employment of human resources in Iran are studied in two separate legal systems. Provisions relating to public sector employment are studied in the administrative law and provisions relating to private sector employment are studied in the labor law. According to the existing ...
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Regulations governing the employment of human resources in Iran are studied in two separate legal systems. Provisions relating to public sector employment are studied in the administrative law and provisions relating to private sector employment are studied in the labor law. According to the existing laws, certain authorities are determined in order to deal with complaints concerning the employment of each of these two groups. However, despite the determination of such authorities, it seems that in some cases uncertainty may arise as to discern the competent authority. Its major problem relates to the ambiguity in the scope of labor law on the one hand, and other employment laws and regulations on the other hand. Thus according to the definition of the worker and employee, detecting their difference aspects, their diagnosis criteria, and determination of the competent authority to deal with the recruitment complaints would be essential, and should be conducted according to the rules and legal texts.
