Document Type : Research/Original/Regular Article

Authors

• mohammad ghsem tangestani ¹
• Abbas tavazoni zadeh ²
• Mohammad Hossein Sadeghi ³

¹ assistant professor of international law, faculty of law and politics sciences, kharazmi university, tehran, Iran

² .Ph.D. in Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

³ Ph.D. Student in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

Given the expansion of the role of the state in society and the consequent increase in relations and disputes between the governed and the government, leaving the resolution of all these disputes to the judiciary is neither possible nor desirable. Accordingly, the design of internal organizational mechanisms to expedite the resolution of administrative disputes under the title of "Administrative pre-trial" as one of the alternative methods of resolving these disputes, has been considered by policy makers of various legal systems; However, the idea is still controversial in some countries. Given the practical experiences of the French and British legal systems, the present article seeks to answer the question by a descriptive-analytical method to what extent the prediction of the preschool institution is compatible with the requirements of the Iranian administrative law system? Separating the Administrative pre-trial body from the quasi-judicial and judicial oversight bodies, it seems that the interpretation of the will of the founding power on the one hand and the provisions of important laws such as the law of permanent provisions of the country's development plans and the law of the Sixth Development Plan and Existence The existing Administrative pre-litigation mechanisms in some executive bodies all confirm that not only is pre-litigation legally possible, but also its recognition in order to reduce the volume of cases before the Administrative Court of Justice, at least in the case of some important and recurring cases. its necessary.

Keywords

• Administrative pre-trial
• Adjudication
• Administrative Cases
• Administrative Proceedings
• Procrastination
• Court of Administrative Justice
• Executive Institutions

Main Subjects

• Public Law