Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence
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 fi...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2021-05-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_12728_b37ffd42424d7ee50d67578a65f4a528.pdf |
| _version_ | 1797359331286450176 |
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| author | وحید آگاه hamed oladi |
| author_facet | وحید آگاه hamed oladi |
| author_sort | وحید آگاه |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T15:17:00Z |
| format | Article |
| id | doaj.art-2d7e54c37a0b4979ae788f98b1d3e327 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:00Z |
| publishDate | 2021-05-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-2d7e54c37a0b4979ae788f98b1d3e3272024-01-10T10:52:13ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162021-05-012270729310.22054/qjpl.2021.42804.215612728Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudenceوحید آگاه0hamed oladi1عضو هیات علمی دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطباییL .L. MA in Public law, Allameh Tabataba’i University, Tehran , IranThis 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.https://qjpl.atu.ac.ir/article_12728_b37ffd42424d7ee50d67578a65f4a528.pdfcauses of lawevidence of voidingislamic voiding regulationsadministrative justice courtjurists of the guardian council |
| spellingShingle | وحید آگاه hamed oladi Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī causes of law evidence of voiding islamic voiding regulations administrative justice court jurists of the guardian council |
| title | Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence |
| title_full | Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence |
| title_fullStr | Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence |
| title_full_unstemmed | Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence |
| title_short | Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’s Jurisprudence |
| title_sort | obligation to express causes of law in islamic voiding of regulations in the light of the guardian council s jurisprudence |
| topic | causes of law evidence of voiding islamic voiding regulations administrative justice court jurists of the guardian council |
| url | https://qjpl.atu.ac.ir/article_12728_b37ffd42424d7ee50d67578a65f4a528.pdf |
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