Public Law
ALI DEHGHAN BANADAKI; alimohammad fallahzadeh
Abstract
Universities and higher education institutions are considered as one of the most important centers of science, knowledge and theoretical support for social, legal, political, economic, etc. actions. The quality of the administration and the regulations governing them is one of the most important issues. ...
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Universities and higher education institutions are considered as one of the most important centers of science, knowledge and theoretical support for social, legal, political, economic, etc. actions. The quality of the administration and the regulations governing them is one of the most important issues. For this reason, the legislator has recognized the quality of regulation in universities through the many ups and downs based on the constitution by approving Article (1) of the Law on Permanent Decrees of the Development Programs of the country. But The scope of competence of the Boards of Trustees of universities and research centers as one of the key pillars in setting the rules governing universities has been accompanied by ambiguities and shortcomings.In the meantime, the judicial interpretation tool and the way of dealing with administrative proceedings (administrative justice court) with the performance of the university trustees' boards are the way to evaluate, resolve ambiguities and legal gaps.This article answer the question, "What are the legal requirements governing the board of trustees of universities and higher education institutions in the framework of the decisions of the general board of the Administrative Court of Justice?"
This research has reached this conclusion by using the descriptive-analytical method, documenting the opinions of the general assembly of the Administrative Court of Justice; while maintaining the independence of the university and higher education centers in order to prevent the limited interpretation of the authority of the boards of trustees, the general rules and framework governing the approvals of the board of trustees should be established in a precise and transparent manner. The requirements governing the approvals of the board of trustees include compliance with the "principles of the constitution and higher documents", "special laws", "incompetence of delegation", "prohibition of sale of immovable property" and "laws of land use change".
