Public Law
ayat moulaee; behrouz saadatii rad
Abstract
One of the main criteria of the democratic system is guaranteeing the rights and freedoms of the community. This subject will be done through the rule of law towards the organizations and authorities responsible for public affair. Judicial rewiew as one of the tools of the rule of law, in order to enforce ...
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One of the main criteria of the democratic system is guaranteeing the rights and freedoms of the community. This subject will be done through the rule of law towards the organizations and authorities responsible for public affair. Judicial rewiew as one of the tools of the rule of law, in order to enforce citizens' rights, reduces government power. The purpose of judicial supervision is the handling of complaints and petition by people from executive agencies. Islamic development Organization as one of the Revolotionary institutions, this can not be excluded for the power of public authority.In the present paper, using descriptive-analytic research method, this question has been raise: What are the problems of judicial supervision over revolutionary institutions with emphasis on Islamic Development Organization? In response to this question, the Judicial supervision on the Islamic development organization The Administrative court and the public Courts have been discussed in two ways and this is the conclusion: The judicial review on this organization is subject to limitations. The dichotomy of the legal personality of this organization needs to be explained; because it has causesed some problems in the administrative law system and judicial review of the organization.
Ayat Moulaee
Abstract
This paper has discussed the concept of the administrative contracts in France, England and Iran with emphasis on obstacles of institutionalizing it in Iran legal system. At first, the concept of administrative contract has been explained from formal viewpoint and has been concluded that all of them ...
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This paper has discussed the concept of the administrative contracts in France, England and Iran with emphasis on obstacles of institutionalizing it in Iran legal system. At first, the concept of administrative contract has been explained from formal viewpoint and has been concluded that all of them are similar and follow the unit approach unless about the courts; in France administrative courts have capacity to administrative contracts. But in Iran and England, the ordinary courts have capacity to all contracts. In second part, the legal terms of administrative contract has been discussed in three legal systems from context viewpoints and have been concluded that in France, the concept of contractual acts have encompassed legal institution with particular and independent principles and rules, that are distinguished from contracts of private law. But in Iran and England, in first viewpoint, the principles and rules of private law encompass all contracts. Notwithstanding, the legislatures in these two countries have passed laws that are similar to administrative contracts of France from the context viewpoint. Although, they are different from the wording viewpoint, there are functional similarities among administrative contract of France, public contract of Iran and public or government contract of England. Notwithstanding, the conception and interpretation of contractual acts according to private law in jurisprudences of Iran impeded the institutionalization of the concept of administrative contract in Iran.