Analyzing and Investigating Administrative Court of Justice’s Qualifications in Invalidating the Governmental Regulations
Based on the Act 173 of the constitution, Administrative Court of Justice is formed under the inspection of the judiciary branch and it is the qualified authority for examining and invalidating the enacted bills and rules that are against the canonical regulations, law and/or outside the domain of the government’s jurisdiction corresponding to the acts 170 and 173 of the constitution and articles 1, 12 and 13, note 2 to article 84 as well as articles 86 and 87 of the new law in administrative tribunal, approved in 22/12/2011. The present study deals with analyzing the most important kinds of supervision exerted on the governmental regulations and the authorities that are qualified to recognize their being against the canonical rules and finally it explores the invalidations’ effective period in Iran. Despite the fact that act 138 of the constitution authorizes board of ministers to codify bills, rules and regulations and so on, as part of their administrative assignments, safeguard law enforcement and organize administrative institutions, in the same act as well as in acts 4-170 and 173 of the constitution there are limitations set stipulating that the governmental regulations should not mean any sort of contradiction to the Islamic rules and the law, as a whole, and also that they have to be inside their specified jurisdictions. The statutory mandate for the non-observation of such limitations is their invalidation by the administrative tribunal. Parallel to canonical inspection, the respectable Guardians Council is the sole qualified authority to recognize the governmental rules and regulations’ contradiction to the Islamic rules and the verdicts opined by the jurisprudent members of the Guardians Council should be indispensably followed by the Administrative Court of Justice. However, based on the necessity for the judicial system’s exertion of supervision and according to the Guardians Council’s ideas regarding the governmental regulations’ contradiction of the canonical rules as well as verifying the other reasons contributing to the invalidation of certain rules and regulations, administrative tribunal is the only official authority qualified to disprove governmental regulations.