نوع مقاله : مقاله علمی پژوهشی
نویسنده
دانش آموخته دکتری تخصصی فقه و حقوق خصوصی ، دانشگاه خوارزمی تهران ، تهران ، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Article 79 of the Law on the Organization and Procedure of the Court of Administrative Justice stipulates: If the head of the judiciary or the head of the Administrative Court of Justice recognize the final decision of the branches of the court to be oppose to sharia or law, the President of the Court shall refer the case to the same branch only once, stating the reason, for substantive process and issuance of a verdict. The verdict is final. The question is, if the verdict issued by the same branch to be also oppose to Sharia or the law, Is it possible to apply Article 79 regarding the new verdict? The current procedure of the Administrative Court of Justice is not accept the reapplication of this article in any case. In this research, which has been done by analytical and descriptive library and field methods, studying the jurisprudential and legal analysis and critiques the practical procedure of the Court of Administrative Justice and the arguments put forward to justify the impossibility of reapplying the said article to the new verdict, according to its text, related laws, relevant documents. The result of the research is that if the opinion issued in the position of applying the mentioned article are clearly oppose sharia and law, it is also possible to apply the article regarding them.
کلیدواژهها [English]
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