عنوان مقاله [English]
The high-standing status of established law in Iran’s legal system has been manifested as an obvious and unchangeable affair in ideas of thinkers. However, in administrative law, particularly law of employment politically affected legislative system and non-pursuit of scientific and specialized ideas as well as repeated alterations of administrative rules have triggered unstable, dispersive, contradictory and cumulative rules to appear in this field, leading to inefficiency of rules. Law has been weak to play its inherent role as predictable, regulative and decisive source and has followed diversified procedures of administrative authorities and branches of administrative court of justice. Among the other things, judges of the administrative court of justice as administrative justice for obligating their adjudication and resolution of cases have this ability to deal with this inefficiency while acting as judge of the branch, members of specialized bodies and public bodies. The present paper has aimed to prove the above claim, firstly by describing and naming applications of such laws; secondly by analyzing rules and ideas of administrative court of justice. The results show that inefficiency of legislative system in this field implicitly and as a result of judiciary decisions in the court led to recognition of customary role of judiciary ruling for administrative court of justice and to some extent similar to status of supreme courts in common law system as well as status of judicial precedent as the main source in Iran’s administrative law system such as common law system. However, law of the first source is administrative law in Iran.
Keywords: Rule making, Judiciary Precedent, Administrative Adjudication, Administrative Court of Justice, Inefficiency of laws