چکیده:
Articles 4 and 170 of the Constitution have predicted two authorities, the jurists of the Guardian Council and the Court of Administrative Justice, to oversee the Sharia compliance of administrative regulations. The Constitution and even ordinary law have not referred to the exact role of each of the two aforementioned authorities in disputes regarding the Sharia compliance of administrative regulations. However, it is at least certain that, given the high status of both authorities, the role of neither can be considered insignificant in this regard. In this regard, the position and share of the Court are subject to more ambiguity. In this writing, while considering three aspects—Sharia, administrative, and judicial—for the Sharia trial of administrative regulations, and while taking existing realities into account, the potential role of the Court, especially through the use of innovations in the new law of the Court of Administrative Justice, has been studied.
خلاصه ماشینی:
In the ruling of the General Assembly of the Court of Administrative Justice, numbers 219 to 224, dated 1369/9/27, regarding the investigation of a complaint against the executive regulation of the law on the assignment of lands, known as the regulation approved by the Council of Ministers on 65/11/29, under the note to Article 3 which deemed the opinion of the Central Land Assignment Headquarters as final and enforceable, from the perspective that this opinion was not issued by a judicial authority, it has reached the opinion of the Guardian Council as being contrary to Sharia (Faghih Nasiri, 321:1383).
For example, in opinion number 90 In the case of the request to annul the municipality's regulations based on the legal bill for the construction of passenger terminals and the prohibition of intercity passenger vehicle traffic within Tehran, approved on 59/2/16, the General Board of the Court of Administrative Justice dated 65/12/11, the jurists of the Guardian Council, through letter number 7505 dated 65/11/16, expressed their opinion as follows: «The restriction derived from Articles 1 and 2 of the regulation, which exclusively allows engagement in the passenger transport profession through passenger cooperative companies [deems them authorized and] deprives the owners of vehicles and [their] employees (who, by full compliance with municipal regulations, in connection with the order of transportation matters and the preservation of lives and property...
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