Analysis of Administrative Justice Act from the Perspective of Specific Administrative Fair Trial Standards (with Regard to European Human Rights Court)

Abstract

Administrative hearing is one of the important new areas of proceedings. Fair administrative justice standards are divided into two categories: comprehensive general standards of fair trial and specific fair trial standards which govern the three stages of the administrative hearing (including institution of case, hearing and decision making). In this article, Administrative Justice Act (enacted of 1992 by Islamic Council (Majlis)) as legislative action is analyzed in terms of specific fair trial principles and criteria that govern the three stages of Administrative Procedure to be clarified that, to what extent these standards are met in the legislative process related to principle 173. Therefore, this article seeks to answer the questions that follow: what principles and rules as administrative fair trial standards are governing over the three stages of administrative hearing? To what extent the principles of administrative justice system are guaranteed and respected?

Keywords

• administrative justice act
• institution of case
• proceedings
• decision making
• specific standards of fair administrative hearing