The Evolution of the Administrative Court of Justice’s Competence in the Supervision of Public Rights: From Individual Complaints to Structural Proceedings

Shojaei, Abdolsaeed

doi:10.22106/jlj.2026.2062030.6309

The Evolution of the Administrative Court of Justice’s Competence in the Supervision of Public Rights: From Individual Complaints to Structural Proceedings

Document Type : Research/Original/Regular Article

Author

Abdolsaeed Shojaei

Assistant Professor, Faculty of Law and Social Sciences, Payam Noor University, Tehran, Iran

10.22106/jlj.2026.2062030.6309

Abstract

The preservation, restoration, and protection of public rights constitute fundamental prerequisites for the maintenance of public order and the realization of administrative justice. These objectives necessitate the establishment and strengthening of effective institutional and procedural mechanisms aimed at preventing the infringement of, and compensating for damages inflicted upon, public interests. Accordingly, the present study employs a descriptive-analytical method with a comparative approach to examine the position and function of oversight over public rights within Iran’s administrative justice system, with particular emphasis on the capacities and structural challenges of the Office for the Protection of Public Rights within the Administrative Justice Court. Furthermore, the study investigates the impact of recent procedural and legislative developments on strengthening institutional representation in the protection of public rights. The findings indicate that the traditional structure of administrative adjudication, grounded in the standing requirement and a complaint-based model, had significantly restricted the adjudication of public interest litigation and challenges against generally applicable regulations. Legislative reforms, particularly those enhancing the authority of public representative bodies to initiate claims—constitute a positive step toward reducing certain procedural barriers. Nevertheless, the persistence of restrictive interpretations of procedural rules, together with deficiencies in procedural law, continues to impede the full realization of the Court’s structural supervisory function. Therefore, revising the administrative procedural law is essential, particularly through reforming the concept of legal standing, defining clear mandates for the Office for the Protection of Public Rights, facilitating the role of non-governmental organizations in representing public interests, and enhancing coordination between the Administrative Justice Court and civil as well as executive institutions.

Keywords

Institutional Competence

Public Objection

Public Rights

Structural Justice

Subjects