Public Law Researsh

The Static or Dynamic Nature of Urban Rights: The Performance of the Administrative Court of Justice in Resolving Urban Issues

Document Type : Research Paper

Author

Seyed Mojtaba Hosseini Almousavi

Assistant Professor, Department of Law, Faculty of Humanities, , University of Zanjan, Zanjan, Iran

https://doi.org/10.22054/qjpl.2025.83869.3072
Abstract
1. Introduction
Land reforms and the abolition of the landlord–peasant system had a profound impact on Iran’s social structure. Deprivation in rural areas, combined with the inherent appeal of urban life, triggered a massive wave of migration to the cities. As a result, large urban centers encountered unprecedented phenomena such as informal settlements and the challenges associated with them. With the expansion of urbanization, citizens increasingly demanded greater government involvement in urban planning, a demand that often conflicted with the prevailing private property regime. Comprehensive urban plans in Iran, initially modeled on Western examples, were rooted in a positivist approach based on recognition, analysis, and design. This approach gradually evolved into a model emphasizing analysis, design, and policy.
The primary challenge lies in the absence of a coherent legal framework to guide urban planning institutions toward a unified policy. By drafting regulations, urban institutions have effectively ventured the realm of legislation, which falls outside the jurisdiction of the executive branch. In Iran, comprehensive urban plans are prepared in two distinct parts: (1) maps and project studies and (2) project regulations—almost in accordance with the law that changed the name of the Ministry of Reconstruction to the Ministry of Housing and Urban Development.
Legal aspects receive insufficient attention during the stages of formulating comprehensive urban plans. In other words, legal considerations are treated as little more than a formality. Another issue is the separation between design and implementation bodies, along with the multiplicity of decision-making authorities, whose resolutions often conflict with those of higher-ranking institutions. As a result, Iran’s urban legal system faces numerous challenges.
This study aimed to examine the impact of Iran’s Administrative Court of Justice on urban rights. It asked whether the Court—by exercising its powers to annul or uphold regulations, unify jurisprudence, and establish precedents—had been able to reform urban rights in situations where the legislator, due to existing constraints, could not amend laws promptly. It also considered



whether the Court had enhanced the effectiveness of legal texts through novel interpretations aligned with contemporary realities.
2. Literature Review
Some researchers have examined the extent to which the Administrative Court of Justice has adhered to the principles of public law in its rulings. However, it seems there is no serious study about the specific topic of the present research.
3. Materials and Methods
The current study adopted a descriptive–analytical method to examine the performance of Iran’s Administrative Court of Justice in compensating for deficiencies in the legal system by developing a dynamic and progressive body of judicial practice. The analysis focused on whether the Court, through foresighted and practical interpretations aligned with contemporary needs, had assisted decision-making bodies in resolving urban challenges.
4. Results and Discussion
Many of Iran’s urban laws were enacted before the Islamic Revolution. However, the challenges that cities—particularly large metropolitan areas—face today call for intelligent and forward-looking legislation. One of these challenges is unregulated migration from villages to cities and the resulting disruption of urban structure—the effects of which are visible every day in urban areas. The current legal system suffers from numerous deficiencies.
Over more than three decades of operation, the Administrative Court of Justice has not been able to address these shortcomings as effectively as expected.
One of the most significant weaknesses of the earlier legislative framework, prior to the enactment of laws such as the Sustainable Revenue and Municipal Expenditures Act, was the absence of mechanisms for supervising detailed urban plans.
By overlooking this crucial issue, the Administrative Court of Justice has, in some cases, annulled resolutions of the Supreme Council of Urban Planning and Architecture based solely on a narrow reading of legal texts—disregarding the legislator’s broader purpose in establishing such institutions and invoking lack of jurisdiction as a justification. A notable example is the Haft Sangan lands in Qazvin, where the municipality, relying on a zoning permit issued by the Supreme Council of Urban Planning and Architecture twenty years earlier, proceeded to issue construction permits for agricultural land.
Under the current legal system, the body that approves urban plans has no legal authority to supervise the entity responsible for implementing them. The Administrative Court of Justice could have addressed this serious deficiency by adopting a purposive interpretation of the law and thereby supporting the Supreme Council in fulfilling its objectives.
At the same time, the Court acted correctly in rejecting the municipality’s refusal to issue a permit on the grounds of amendments made to the plan by the Article 5 Commission. Public roads belong to all citizens, and municipalities must designate appropriate locations for different businesses according to the nature of their activities. Ensuring smooth urban mobility is a fundamental right of every city resident, and obstruction of streets constitutes a violation of that right.
Overall, the unifying precedent judgments issued by the General Assembly of the Administrative Court of Justice present a more satisfactory record than its decisions concerning the annulment or affirmation of resolutions issued by the Supreme Council of Urban Planning and city councils.
Nevertheless, after more than three decades of judicial oversight in urban affairs, it can be said that this oversight has too often operated at a standstill. In many cases, administrative adjudication has failed to make effective use of its legal capacity to remedy the shortcomings of the urban legal system.
5. Conclusion
The Administrative Court of Justice has generally adopted a cautious approach to urban issues. By placing strong emphasis on the strict interpretation of legal texts while overlooking the legislative intent behind the establishment of higher regulatory bodies, the Court has effectively conferred a degree of legitimacy on municipal actions that may otherwise be considered unlawful. A notable example is its annulment of the Supreme Council of Urban Planning and Architecture’s resolution concerning the Haft Sangan lands. The Court’s clear distinction between urban taxes and building violations also significantly reduced the cost of non-compliance with detailed urban plans.
Furthermore, its protection of public access to quasi-judicial bodies, particularly the Commission under Article 77 of the Municipality Law, constitutes a significant achievement in the defense of urban rights.

Keywords

Administrative Court of Justice
Urban Rights
Municipality
Detailed Plan
Supreme Council for Urban Planning and Architecture
Subjects
Books
-      Ahmadi, Hasan, & Chahardoli, Habibollah, Urban Hierarchy, 3rd Edition (Tehran: Office of Urban Planning, Center for Urban Planning Studies, 1997). [In Persian]
-      Bell, John & Byron, Sophie, Foundations of French Public Law: Including Topics on Administrative Procedure, Constitutional Law, and Administrative Law, Translated by Alireza Asadpour Tehrani, 2nd Edition (Tehran: Dadgostar, 2014). [In Persian]
-      Behnia, Masih, The Principle of Legitimate Expectation: Concept, Foundations, and Methods of Protection in Administrative Law (Tehran: Khorsandi, 2014). [In Persian]
-      Pourmohammadi, Mohammad Reza, Housing Planning, 9th Edition (Tehran: SAMT, 2011). [In Persian]
-      Saidi, Mansouri, Grounds for the Annulment of Islamic Council Taxes in the Administrative Justice Court (Tehran: Judiciary Press and Publications Center, 2018). [In Persian]
-      ShahHosseini, Parvaneh, Urban Geography of Iran (Tehran: SAMT, 2017). [In Persian]
-      Shariati, Rouhollah, Principles of Political Jurisprudence, (Qom: Islamic Sciences and Culture Research Institute, 2008).
-      Shokouei, Hossein, Urban Geography, 7th Edition (Tehran: Payam Noor, 2002). [In Persian]
-      Shirzad, Omid, Reasons for the Annulment of Governmental Enactments in the Administrative Justice Court (Tehran: Jangal-Javdaneh, 2013). [In Persian]
-      Abbasi, Bijan, Foundations of Public Law (Tehran: Dadgostar, 2014). [In Persian]
-      Abbasi, Bijan, Administrative Law, 5th Edition (Tehran: Dadgostar, 2019). [In Persian]
-      Mazarei, Gholamhossein, Grounds for the Annulment of Government Enactments in the Administrative Justice Court and the Guardian Council (Tehran: Khorsandi, 2013). [In Persian]
-      Mozayani, Manoochehr, Examining the Structure of Urban Management in Iran (Tehran: Center for Urban Planning Studies, 1999). [In Persian]
-      Mashhadi, Ali, The Law of the Organization and Procedural Rules of the Administrative Justice Court in the Current Legal System (Tehran: Khorsandi, 2016). [In Persian]
-      Nourian, Farshad, Sharif, Mohammad, An Overview of the Process of Preparing Detailed Plans in Urban Planning (Tehran: Urban Processing and Planning Company, 1996). [In Persian]
-      Hedavand, Mahdi, et al., Decision-Making Procedures in Administrative Law, 3rd Edition, (Tehran: Khorsandi, 2016). [In Persian]
-      Hedavand, Mahdi, Mashhadi, Ali, Principles of Administrative Law, 2nd Edition (Tehran: Khorsandi, 2012). [In Persian]
-      Hemmati, Mojtaba, & Sharifi, Elements of Comparative Administrative Law (Tehran: Khorsandi, 2014). [In Persian]
- Vaezi, Seyed Mojtaba, Administrative Law (1) (Tehran: Mizaan, 2022). [In Persian]
Articles
-      Abadian, Hossein, “Land Reforms and the Consequences of Rural Migration to Cities”, Tahgigat-e-Ejtemai (Social History Studies), Vol. 8, No. 2, (2019). [In Persian]
-      Asadzadeh, Mahtab, “An Overview of the Methods and Diversity of Planning in Comprehensive Urban Plans in Iran”, Journal of New Research in Geographic Sciences, Architecture, and Urban Planning, No. 19, (2019). [In Persian]
-      Eskafi, Narges et al., “Preventive Civil Liability in Administrative Actions (A Comparative Study of Iranian and English Law)”, Journal of Modern Research on Administrative Law, Vol. 6, No. 18, (2024). [In Persian]
-      Hosseinzadeh Dalir, Karim, “Iran’s Urban Plans from Provision to the Reality in Execution Case Study: Tabriz Comprehensive Plan”, Journal of Geography and Regional Development, No. 11, (2008). [In Persian]
-      Daneshnari, Zahra & Moradi, Nikzad, “Pathology of the Pathology of the Plan to Amend Articles of the Law on Organizations and Procedures of the Court of Administrative Justice, with an Emphasis on Structural Changes, Jurisdiction and Criteria of Fair Proceedings”, Administrative Law, Vol. 10, No. 33, (2022). [In Persian]
-      Dashti, Mohammad Taghi et al., “Conflict of Interests in the Public Sector: Types and Forms of Legal Confrontations”, Journal of Modern Research On Administrative Law, Vol. 5, No. 16, (2023). [In Persian]
-      Zangabadi, Ali, et al., “Evaluation of the Factors Affecting the Non-Feasibility of Comprehensive Urban Plans in Iran and Related Challenges”, Quarterly Journal of Urban Research and Planning, Vol. 5, No. 18, (2014). [In Persian]
-      Salehi, Hadi, Rostami, Maryam, “Analysis of Public Service Theory in Jurisprudence of Iranian Supreme Administrative Justice Court”, Administrative Law, Vol. 11, No. 37, (2025). [In Persian]
-      Tajarloo, Reza, Salehi, Marzieh, “Legal Examination of Land Use Change for Buildings in Urban Areas under Iranian Laws and Regulations”, Quarterly Journal of Administrative Law, Vol. 1, No. 3, (2014). [In Persian]
-      Gholami, Yasser et al., “Development or Limitiation of Jurisdiction: Analysis of the Approach of the Legislator in the Latest Amendments to the Law Administrative Court of Justice”, Administrative Law, Vol. 11, No. 39, (2024). [In Persian]
-      Nazemi, Abbas et al., “Discovering the Roots of the Inefficiencies of the Rules and Regulations of Iran's Urban Development Plans”, Geographical Research, Vol. 39, No. 145, (2022). [In Persian]
-      Nazemi, Abbas, et al., “Theory of Developmental and Coordinated Legal Structure for the Formulation of Rules for Iran's Urban Development Plans”, Geographical Research, Vol. 37, No. 146, (2022). [In Persian]
-      Nazemi, Gholamreza et al., “Review and Survey of Inefficiencies of Iran Urban Construction and Development Plans”, Strategic Studies of Public Policy, No. 36, (2020). [In Persian]
-      Yaghoubi, Mohaddeseh et al., “Examination of the Strengths and Weaknesses of the Law on the Dissemination and Free Access to Information from the Perspective of Lawyers”, Majlis&Rahbord, Vol. 31, No. 117, (2024). [In Persian]
Rulings of the General Assembly of the Administrative Justice Court
-      Judgment No. 1184, dated 25/01/2017. [In Persian]
-      Judgment No. 176, dated 22/05/2016. [In Persian]
-      Judgment Nos. 747-748, dated 20/12/2016. [In Persian]
-      Judgment No. 274, dated 21/06/2009. [In Persian]
-      Judgment No. 581, dated 18/06/2019. [In Persian]
-      Judgment No. 745, dated 20/12/2016. [In Persian]
-      Unification of Judgement No. 37-39, dated 01/10/1989. [In Persian]
-      Unification of Judgement No. 181, dated 06/11/1990. [In Persian]
-      Unification of Judgement No. 8, dated 08/04/2007. [In Persian]
-      Unification of Judgement No. 39, dated 09/07/1994. [In Persian]
-      Unification of Judgement No. 171, dated 12/25/1993. [In Persian]
-      Unification of Judgement No. 1305, dated 10/11/2022. [In Persian]
-      Unification of Judgement No. 236, dated 06/07/2008. [In Persian]
-      Unification of Judgement No. 503, dated 27/10/2013. [In Persian]
-      Unification of Judgement No. 371, dated 08/09/2010. [In Persian]
-      Unification of Judgement No. 2715, dated 10/12/2019. [In Persian]
-      Unification of Judgement No. 160, dated 04/06/2001. [In Persian]
-      Unification of Judgement No. 47, dated 14/05/1999. [In Persian]
-      Unification of Judgement No. 197, dated 23/06/2007. [In Persian]
-      Unification of Judgement No. 67, dated 29/04/2012. [In Persian]
-      Unification of Judgement No. 129, dated 08/10/1993. [In Persian]
-      Unification of Judgement No. 70, dated 10/05/2003. [In Persian]
Public Law Researsh
Volume 28, Issue 91
Summer 2026
Pages 285-331

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