Checking the position of general policies in administrative adjudication

Document Type : Research/Original/Regular Article

Abstract

Existence of general policies of state in the range of other legal norms have given special situation to Iran’s legal system. Since the legislators have great attention to hierarchy between legal norms and prepare appropriate review tools for subordination below norms from superior norms, Iran’s constitutional legislator, has affirmed the necessity of review on correct implementation of general policies. The question of this paper is that regulations as the sub-norms should be coincident with general policies of state and is administrative judge authorized by referencing to general policies in annulment regulations? with analyzing the nature of general policies of state and checking the review of correct implementation of general policies Act, I perceived that administrative judge in applying judicial review has no jurisdiction and recognition of conflict between regulation and general policy have been entrusted to Assembly for recognition Interest of State and administrative judge should follow Assembly’s verdict .

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