administrative review, prelude to judicial review; Looking at the jurisdiction of the Administrative Court of Justice in handling complaints against administrative institutions

MowlaBeigei, GholamReza; Amiri, Mostafa

administrative review, prelude to judicial review; Looking at the jurisdiction of the Administrative Court of Justice in handling complaints against administrative institutions

Document Type : Original Article

Authors

GholamReza MowlaBeigei ¹

Mostafa Amiri ²

¹ PhD in Public Law, Science and Research Unit, Islamic Azad University, Tehran, Iran

² Doctoral Researcher of Public Law, Allameh Tabatabai University, Tehran, Iran

Abstract

One of the legal doctrines that has been noticed since the last century and its implementation has solved many judicial problems, is the doctrine of "Exhaustion of Administrative Remedies". According to this doctrine, which indicates the necessity of administrative proceedings before judicial proceedings, all possible administrative steps must be completed to deal with the requests of individuals before the case is submitted to the judicial authorities. Therefore, the present article, which is written in a descriptive-functional way, seeks to answer the question that what are the advantages and disadvantages of the discussed doctrine and what is its position in Iran's legal system? For this purpose, after examining the concept and advantages and disadvantages of this doctrine, Article 16- 4 and Article 48 of the Administrative Court Law (approved in 1402) were discussed as the most important articles that recognized this doctrine and finally in the "Conclusion" section, a correction proposal has been presented for better implementation of this doctrine.

Keywords

administrative review

judicial review

Exhaustion of Administrative Remedies

postponement of proceedings

rigging of articles