The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The Role of Judicial Procedure Courts in the Development of Iranian Administrative Law

Authors
1 allame university
2 Judiciary Power
Abstract
Today, in leading administrative law systems, the Judicial precedent along with the law is the most important source of legal rules, and the law alone can not feed the legal system. Although in the administrative law system of Iran, the use of Judicial precedent has often been considered as a source and interpretation of the law and not as the main source, but the role of administrative courts, especially at their head, namely, the Administrative Justice Court, in the formulation and production of a Judicial precedent containing general principles and The basic concepts of administrative law are vital and can play an important and important role in fostering administrative law. The present paper draws on practical examples of case studies to explain the role of the Judicial precedent in the development of administrative law, with emphasis on the Judicial precedent of the Administrative Justice Court. The results of the survey indicate that judicial procedures can play a fundamental role in the evolution and development of administrative law as a core source for consolidating and enhancing the concepts and principles of public law as well as the complementary instrument of law and guidance in the adoption of progressive administrative law.
 
Keywords

1.Calvez, F. (2006), Length of court proceedings in the Member States of the Council of
Europe based on the Case Law of the European Court of Human Rights, Report
adopted by European Commission for the Efficiency of Justice (CEPEJ) at its 8th plenary
meeting, Strasbourg: CEPEJ, available at: www.coe.int/t/dghl/cooperation/cepej/delais/
Calvez_en.pdf.
2.Colin,R.Munro(1987), Studies in Constitutional Law, Batterworth.
3.Harlow, carol(2006),” Global Administrative Law: The Quest for Principles and Values”, The European Journal of International Law “Vol. 17 no1.
4.L. N. Brown-J. S. Bell(1998), French administrative law, Clarendon, Oxford.
5. Ponzetto and Ponzetto and Fernandez, (2008), Case law versus statute law, Journal of Legal Studies, Vol. 73 (2).
6.Villiers(M, de)( 2001), Dictionnaire de droit constitutionnel, 3e ed, Paris, Armand Colin.
7.Wade Sir William(2004), Forsyth Christopher; Administrative Law; 9th ed. Oxford: OUP.
8.Wade, H.W.R- Forsyth(2004), C.F: Administrative Law, ( London: Butterworths press, ninth edition.)
9.Waldron, J(2007), Legislation and the rule of law, Legisprudence, 1:1.