جایگاه، ساختار و صلاحیت‌های دیوان عدالت اداری در سنجه حقوق بنیادین شهروندی

The growth and promotion of people's position in the legal systems have caused the recognition and guarantee of citizenship rights to become one of the most important standards for monitoring laws and regulations and measuring the establishment and functional desirability of institutions and executive bodies. Considering the foundations of the establishment and the position of the Administrative Court of Justice in guaranteeing citizenship rights, the position, structure, and Jurisdiction of this institution have been measured and evaluated based on citizenship rights. The result shows that the valuable position of this institution in the protection of civil rights provides the basis for promoting the independence of this institution and as a result, guaranteeing the maximum of citizens’ rights provided that it should be placed under the supervision of the first person of the country. In the structural dimension, the establishment of the Court of Justice's Prosecutor's Office to actively monitor government and general regulations, as well as the creation of court branches in the provinces and, if necessary, in the cities, provides the basis for the realization of the principle of the availability of the court. In addition, in the structural dimension, by removing some elements and modifying some processes, it is possible to prevent the unnecessary delay of proceedings, which seriously violates the rights of citizens. In terms of jurisdiction, taking into account that filing a lawsuit in the court as an institution that supports the people against individuals and institutions with public authority has been one of the most important ways of protecting the rights of citizens in the mind of the constitutional legislator. Adding to the jurisdictional exceptions of this judicial authority through the approval of normal laws, government regulations, and also the judicial procedure as it has become customary in the current system governing this institution, is considered to be a clear violation of the citizenship rights of individuals.