Document Type : Research Paper
Authors
1 PhD student in Public Law, Tehran Islamic Azad University, South Unit, Tehran, Tehran, Iran
2 Associate Professor in Department of Law Islamic Azad University South Tehran Unit,Tehran, Iran
3 Assistant Professor of Public Law Imam Sadegh University, Tehran, Tehran, Iran
Abstract
The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial body on the rulings issued by these authorities, can be necessary to evaluate the performance of the government and the judiciary against the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of a fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular, has not yet found its proper place. These principles and their importance have been mentioned in the jurisprudence of the Court of Administrative Justice, but this issue has not been considered by the quasi-judicial authorities. This issue has not yet reached its true place in the jurisprudence of the Court of Administrative Justice, and this issue has become more and more important due to the pervasiveness of fair trials in legal systems.
Keywords
- Court of Administrative Justice
- administrative decisions
- reasoning and documentation
- statement of reasons
- right to defense
Main Subjects
Al-San, Mustafa, “Judge Science and Correspondence Principleˮ, Volume 13, Journal of Legal Research, Number 2, (2009). [In persian]
Amini, Issa and Mansouri, Abbas, “Justification of domestic arbitration award with a view on judicial procedureˮ, Private Law Research Quarterly, No. 22, (2017). [In persian]
Atrian, Faramarz, “Realization of the right to defense in the light of the concept of good administration: a comparative study of the legal system of Iran and the European Unionˮ, Journal of Comparative Law Studies, 7th Volume, No. 1, (2015). [In persian] [In persian]
Bagheri, Youssef and Sedaghati, Soham, “Indicators of a strong and convincing judgeˮ, Judiciary Quarterly, No. 79, (2013). [In persian]
Falahzadeh, Ali Mohammad, “The principle of stating the reasons and documentation of administrative opinions and decisions and its reflection in the judicial procedure of the Court of Administrative Justiceˮ, Journal of Public Law Research, No. 54, (2016). [In persian]
Fallahzadeh, Ali Mohammad, “Developments of the right to be heard in the administrative law of Iran and Englandˮ, number 41, (2012). [In persian]
Fanazad, Reza, Quasi-judicial references, first edition (Tehran: Khorsandi Publications, 2015). [In persian]
Hadavand, Mehdi and Mashhadi, Ali, Principles of Administrative Law, second edition (Tehran: Khorsandi Publications, 2011). [In persian]
Hajipour Kondroud, Ali, “Evaluation of the ability to apply the principle of public proceedings in special administrative authoritiesˮ, Journal of New Administrative Law Research, No. 1, (2018). [In persian]
Hamidian, Hamid and Heydari, Siros, “The public principle of civil proceedingsˮ, Volume 13, Number 1, (2022). [In persian]
Hedavand, Mehdi, Comparative Administrative Law, Volume II (Tehran: Semat Publications, 2019). [In persian]
Hemti, Mojtabi, “Analysis of the Law of the Court of Administrative Justice from the perspective of specific standards of fair administrative proceedings; Looking at the procedure of the European Court of Human Rightsˮ, Public Law Research Quarterly, No. 55, (2015). [In persian]
Hormozi, Khairullah, “Justification of civil votes and the guarantee of non-compliance“, Journal of Law and Politics Research, No. 11, (2013). [In persian]
Jafari Langroudi, Mohammad Jaafar, Terminology, 22nd edition, (Tehran: Ganj Danesh Publications, 2008). [In persian]
Khani Valizadeh, “Saeed, the right to have a lawyer in administrative proceedings in Iran and Franceˮ, Journal of Administrative Law, No. 17, (2017). [In persian]
Khodabakhshi, Abdullah, Arbitration rights and claims related to it in the judicial procedure, (Tehran: Sahami Atahi Company, 2013). [In persian]
Matin Daftari Ahmad, Code of Civil and Commercial Procedure, second volume, (Tehran: Majd Publications, 2011). [In persian]
Mohammadi, Mohammadreza, “Criticism on the Courts' Argument Method in Legal Opinionsˮ, Raei Magazine, No. 8, (2013). [In persian]
Mohseni, Hassan, “Civil Justice Systemsˮ, Journal of Faculty of Law and Political Sciences, year 37, number 1, (2016). [In persian]
Mousavi, Seyyed Ali, “Necessity to comply with the principle of presence and publicness of proceedings in the Court of Administrative Justiceˮ, Rah Vakalat magazine, No. 23, (2019). [In persian]
Niknejad, Javad and Heydari, Nosrat, “Justified, Documented, and Reasonedness of Court and Arbitration Decisionsˮ, Journal of Private Law Research, No. 35, (2022). [In persian]
Qanawati, Jalil and Mandani, Islam, “Ethics and fair trial in light of the predictability of procedural rulesˮ, Ethical Research Quarterly, Volume 8, Number 3, (2017). [In persian]
Rahmdel, Mansour, “Damage based on the verdictˮ, Legal Journal of Justice, No. 70, (2009). [In persian]
Rezaizadeh, Mohammad Javad and Atrian, Faramarz, “The principle of the obligation to provide reasons in administrative decisions in the light of the concept of good administration: a comparative study of Iranian and European Union lawsˮ, Danesh Journal of Public Law, No. 10, (2013). [In persian]
Petof, Arin and Marzhanmalmiri, Ahmed, Concept and scope of the general principles of administrative law, first edition (Tehran: Judiciary Press and Publishing Center, 2015).[In persian]
Salehi Rad, Mohammad, “Reflections on the validity of court rulingsˮ, Judiciary Law Journal, No. 42, (2012). [In persian]
Sassani-nejad, Sara, “Examination of the foundations and effects of acquired right in Iranian lawˮ, Journal of Jurisprudence and Criminal Sciences, No. 2, (2015). [In persian]
Shams, Abdullah, Civil Procedure Code, first volume, (Tehran: Darak Publishing, 2015). [In persian]
Soodmandi, Abdul Hamid, “Analysis of substantiated examples and documentation of the decisions of the General Board of the Court of Administrative Justice and its legal consequencesˮ, Judicial Law Journal, No. 108, (2018). [In persian]
Stovarsengari, Koresh, “Necessity to observe the principles of fair proceedings in the proceedings of the selection boardˮ, two-quarter journal of judicial procedure of the branches of the Administrative Court of Justice, No. 4, (2016). [In persian]
Strategies for promoting fair proceedings in specialized non-judicial authorities, prepared and edited by Amir Abdul Hayan and Mohammad Reza Rafiei, second edition, (Tehran: Judiciary Press and Publications Center, 2017). [In persian]
The collection of judicial opinions of the branches of the Administrative Court of Justice (Mehr, November, December 2013), first edition (Tehran: Center for the Press and Publications of the Judiciary, 2015). [In persian]
Troper, Michel, “The Logic of Justification of Judicial Reviewˮ, International Journal of Constitutional Law, Published by Oxford University Press (2003), Vol 1, No 1.
Yavari, Asadullah and Yazdan-Mehr, Mohammad, “Reflections on the evolution of appeals in the Administrative Courtˮ, Journal of Administrative Law, No. 5, (2014). [In persian]
Yavari, Esdalleh, “From trial to fair trial; Evolution in the concept and classical domain of litigation and its guaranteesˮ, Journal of Legal Research, No. 68, (2013). [In persian]
Yavari, Esdalleh, “The right to a fair trial and the new procedureˮ, Constitutional Rights Quarterly, No. 2, (2013). [In persian]
Zarei, Mohammad Hossein, “An analysis of the link between administrative law and public management based on the rule of lawˮ, Public Administration Journal, No. 38, (1997). [In persian]
ب) انگلیسی
Beck, Luke, “The Constitutional Duty to Give Reason for Judicial Decisionsˮ, UNSLaw Journal (2017). Available at: https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2017/10/403_2.pdf
- Anderson, ‘Discovery’ in Legal Decision-Making, Dordrecht: Kluwer Academic Publishers (1996).
Boughey, Janina, “The Culture of Justification in Administrative Law: Rationales and Consequencesˮ, University of British Columbia Law Review, Vol 54, No 2 (2021).
Henry J. Friendly, “Some Kind of Hearingˮ, University of Pennsylvania Law Review, Vol. 123, No. 6 (1975)..
)