Mohammad Jalali; Hamideh Saeedi Roshan
Abstract
Normative constitution is the highest law system and the consistency of this system requires, following the rules below from the Superior rules. From this view, preservation of the Constitution as the fundamental law governing the legal system of each country needs to legal ways of controlling instruments. ...
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Normative constitution is the highest law system and the consistency of this system requires, following the rules below from the Superior rules. From this view, preservation of the Constitution as the fundamental law governing the legal system of each country needs to legal ways of controlling instruments. This process is followed from two distinct complementary routes of constitutionalization of administrative law and administrization of constitution law by administrative courts and the administrative proceedings in government regulations. Administrative Justice Court (AJC), as the Supreme Court Established under Article 173 of the Constitution, is the court to monitor the actions and decisions of government officials, to adjudication the rights of people, and has the possibility of annulling unlawful decisions and outside of the scope of competence of public administration; in the absence of the Constitutional Court in Iran doing the duty of judicial constitution and judicial protection of the constitution, in practice, has played significant role for monitoring and safeguarding the constitution, especially in the field of public administration that is widest part of the state. In this article, we want to analyze the changing mechanisms of court in the process of constitutionalization of administrative law as a means to monitor the control constitutional of government regulations and most exaltation of processes protection of constitution. According to this, we will consider tools such as revocation of unconstitutional law regulations, supporting to principles of Constitution, interpretation of them and judicial procedure. Also are evaluated tools and Consequences of the process administrization of the constitutional law in procedure of administration Justice Court.
