Legal and Jurisprudential Analysis of the views of the Guardian Council and the procedure of the Administrative Justice Court about Extending the Effect of Revocation to the Time of ratification

Abstract

Although recognizing the jurisdiction of the revocation of regulation contrary to the law or the Sharia in article 170 for the Administrative Justice court, the effect of the revocation has some ambiguities. In the descriptive-analytical research has proved that Guardian Council’s views about extending the effect of revocation don't comply with legal and jurisprudential principles and even in some cases, Guardian Council has violated its foundations. On the other hand, however, since the enactment of article 20 of the Administrative Justice Court Act -2006-, emphasized on possibility of extending the effect of revocation at the time of ratification “to prevent violation of interests of individuals”, but, some factors like “passive performance of the Administrative Justice Court”, “knowing extending the effect of revocation to the past optional” and “limiting the Possibility of request the extending the effect of revocation to the past to the initial plaintiff” has prevented a proper procedure in this field. Therefore, in these cases, it is obligatory to the Administrative Justice Court to extend the effect of the revocation to the past actively and in certain cases, manipulate the effect of revocation. In cases of jurisprudential contradiction, the absolute extension of the effect of revocation to the past has unsuitable, effects, which should be manipulated in laws.

Keywords

• “effect of revocation of regulations”
• “government regulations”
• “guardian council approach”
• “administrative justice court procedure”