نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق عمومی دانشکده حقوق دانشگاه تربیت مدرس، تهران، ایران
2 دانشجوی کارشناسی ارشد حقوق عمومی، دانشگاه تربیت مدرس، تهران، ایران
3 دانشجوی کارشناسی ارشد حقوق عمومی دانشکده حقوق انشگاه تربیت مدرس، تهران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Based on principle 34 of the Iranian Constitution, the right to access justice is recognized in the legal system of Iran. However, the ordinary legislative approach in dealing with certain administrative disputes has led to the establishment of quasi-judicial bodies outside the judicial system and within the framework of executive bodies. The foundations of this approach is unclear, and this issue has created problems in the judicial and administrative systems. In this research, an attempt is made to analyze the foundations of granting administrative jurisdiction to quasi-judicial bodies and to examine the damages caused by conducting administrative proceedings in The Administrative Offenses of Boards. Finally, proposed solutions to address these problems are also examined. Based on the conducted studies, it has been determined that the establishment of specialized administrative bodies lacks fundamental support and valid and unassailable foundations. The lack of fundamental basis and the emergence of damages in the proceedings of The Administrative Offenses of Boards, including the lack of independence of these bodies, failure to observe procedural fairness rules, and lack of legal knowledge among the members of these bodies, indicate an undesirable pattern in the legal system governing The Administrative Offenses of Boards in Iran. Therefore, in this article, while analyzing and critiquing the important reform proposals presented in other research studies in this field, it is suggested that branches of the Administrative Justice Court be established at the provincial and county levels to handle these matters in order to achieve desirability.
کلیدواژه‌ها [English]
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