Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Aug 2021)

Judicial Review of Administrative Court of Justice in Times of Economic Crisis

  • Mohammad Hossein Zarei,
  • Ayyam Kamarkhani

DOI
https://doi.org/10.22054/qjpl.2021.47830.2273
Journal volume & issue
Vol. 23, no. 71
pp. 129 – 159

Abstract

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The State in the general sense is competent to make binding decisions to protect the public interest, on behalf of the people in response to the events of social life. One of the issues that governments have responded in the last two centuries in various forms such as lawmaking, adoptions of economic policies and the issuance of judicial rulings has been economic crises. Given the impact of judicial rulings on resource allocation and the effectiveness of government economic policies and its constructive role in achieving the rule of law, it is important to provide an analysis of the fluctuations and characteristics of judicial rulings in times of significant economic crisis; Therefore, in this article, by examining the rulings of the Court of Administrative Justice during the currency crisis of the 1990s and the current economic crisis in Iran, it is intended to provide an appropriate analysis for the above question. The results of these studies indicate that in times of economic crisis, the performance of the Administrative Court of Justice is very significant and this issue is due to the excessive intervention of executive bodies through overregulation. The Administrative Court of Justice is also negligent for not considering the fact that the occurrence of economic crisis is the main cause of overregulation.

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