The Judiciarys Law Journal

The Judiciarys Law Journal

The Lexical Challenge of the Legislator of Administrative Justice in Connection with Damages

Document Type : Research/Original/Regular Article

Author
Associate Prof. Department of Law, Faculty of Law & Social Sciences, University of Tabriz, Tabriz, Iran.
Abstract
The process of evolution and the series of changes and reforms in the jurisdiction of the Administrative Court of Justice in connection with the civil responsibility of the government has recently entered a new phase. In the way that in May 2023, we witness the most recent case of reforms by the legislator of the Court of Justice. It seems that in this amendment, taking into account the use of new words, a new territory has been defined for the jurisdiction of the court, which deserves scientific attention. The present article has addressed this question with the understanding of such importance: What are the lexical challenges of the legislator "administrative justice" in the framework of Note (1) of Article 10 of the Law of the Court of Administrative Justice? In answering this question using the descriptive-analytical method, the most important results are as follows: First; the keywords of the government's civil responsibility in this document are "violation" and "special" and without understanding these words, it is not possible to decipher and explain the issue of this type of responsibility. Secondly; Violation of the subject of this type of responsibility can be imagined when a violation of "law" occurs alongside a violation of "jurisdiction". Therefore, the words "law" and "jurisdiction" have a special function here and are not considered as two independent categories. Thirdly; since at the top of the note, it is specified that the jurisdiction of the courts is general, as a result, it can be assumed that in the new reforms, these courts are the most important candidates for creating the theory of government civil responsibility in Iran.
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Volume 88, Issue 127
Winter 2025
Pages 221-242

  • Receive Date 04 January 2024
  • Revise Date 23 April 2024
  • Accept Date 25 February 2025
  • First Publish Date 25 February 2025
  • Publish Date 21 November 2024