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Title:	A critical analysis of judicial review of administrative actions in Iran: redefining the scope and grounds applied by the administrative justice court
Authors:	Mohammad Moghadamfard (P62816)
Supervisor:	Mohamad Rizal Abd Rahman, Dr.
Keywords:	Judicial review of administrative acts -- Iran Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	20-Mar-2016
Description:	Inefficiency of Sharia and Custom courts as two main parts of the judiciary system in Iran is one of the chief reasons which led to constitutional evolutions in 1906. The first written constitution was born due to the demand for confining the king`s power and protecting citizen`s right. Hence, the constitution recognized judicial review of administrative actions through Articles 88 and 89 in which judicial review of administrative actions is left to ordinary courts and the Supreme Court as the highest court in Iran. This was inspired from judicial review in common law system in which ordinary courts are in charge of conducting judicial review rather than specific courts. However, the new approach suffered various defects and problems as the governmental system was going to be changed from absolute monarchy to democracy, and the government after the constitutional revolution was reluctant to accept monitoring measures on its jurisdiction. However, at the ending days of Shah's regime the State Council Act was passed by the parliament in order to put more limitations on governmental power and change the system to France system of judicial review by establishing a specific body to deal with administrative actions review but this piece of enactment never came into force. After Islamic Revolution in 1979, the Administrative Justice Court Act was passed in 1982 by Parliament and the Administrative Justice Court was established subsequently to deal with judicial review of administrative actions. However, according to Article 170 Constitution of Iran, ordinary courts are also empowered to conduct judicial review but in a limited way, where they may choose not to apply regulations which are unlawful or inconsistent with Islam principles. The exact role of ordinary courts, the scope of judicial review applied by them and the issues of bodies and actions amenable to judicial review will be discussed in this research. The research will ends by proposing solutions for the betterment of the practice in Iran.,Ph.D.
Pages:	192
Call Number:	C21.MOH 2016 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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