A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran
In Iran, claims concerning administrative responsibility of State are dealt with in two different courts. When the Court of Administrative Justice (“CAJ”) has ascertained the breach of law, the Ordinary Court determines the extent of the damage suffered. This duality in judicial procedure is the rel...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-05-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_9978_ddbc6173d2ad5204316d2b9fb2c93294.pdf |
| _version_ | 1797359410573475840 |
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| author | مسلم آقایی طوق |
| author_facet | مسلم آقایی طوق |
| author_sort | مسلم آقایی طوق |
| collection | DOAJ |
| description | In Iran, claims concerning administrative responsibility of State are dealt with in two different courts. When the Court of Administrative Justice (“CAJ”) has ascertained the breach of law, the Ordinary Court determines the extent of the damage suffered. This duality in judicial procedure is the relic of the Law on the State Council approved in 1960, which seemed logical given the constraints of that institution, which was contrary to the constitutional rules. However, the CAJ is identified in the Constitution of the I.R.I as part of the country's judiciary and the article 173 of the Constitution grants the jurisdiction over complaints, grievances, and objections of the people against the State. Accordingly, this duality is not compatible with the current judicial structure of the country and it aggravates slowness of judicial process, and increases the complexity of the judicial system and its costs, without any clear necessity. |
| first_indexed | 2024-03-08T15:17:11Z |
| format | Article |
| id | doaj.art-5ca4c1ded74945b5a4d87955f0823534 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:11Z |
| publishDate | 2019-05-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-5ca4c1ded74945b5a4d87955f08235342024-01-10T10:51:25ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162019-05-01206224326510.22054/qjpl.2019.31313.18199978A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iranمسلم آقایی طوق0دانشگاه علوم قضایی و خدمات اداریIn Iran, claims concerning administrative responsibility of State are dealt with in two different courts. When the Court of Administrative Justice (“CAJ”) has ascertained the breach of law, the Ordinary Court determines the extent of the damage suffered. This duality in judicial procedure is the relic of the Law on the State Council approved in 1960, which seemed logical given the constraints of that institution, which was contrary to the constitutional rules. However, the CAJ is identified in the Constitution of the I.R.I as part of the country's judiciary and the article 173 of the Constitution grants the jurisdiction over complaints, grievances, and objections of the people against the State. Accordingly, this duality is not compatible with the current judicial structure of the country and it aggravates slowness of judicial process, and increases the complexity of the judicial system and its costs, without any clear necessity.https://qjpl.atu.ac.ir/article_9978_ddbc6173d2ad5204316d2b9fb2c93294.pdfadministrative justice systemcourt of administrative justiceadministrative lawresponsibility of the statejudiciary |
| spellingShingle | مسلم آقایی طوق A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī administrative justice system court of administrative justice administrative law responsibility of the state judiciary |
| title | A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran |
| title_full | A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran |
| title_fullStr | A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran |
| title_full_unstemmed | A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran |
| title_short | A Historical Analysis of the Duality of Litigation Process in Matters of Responsibility of State in Iran |
| title_sort | historical analysis of the duality of litigation process in matters of responsibility of state in iran |
| topic | administrative justice system court of administrative justice administrative law responsibility of the state judiciary |
| url | https://qjpl.atu.ac.ir/article_9978_ddbc6173d2ad5204316d2b9fb2c93294.pdf |
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