Safar Salimi; Vali Rostami
Articles in Press, Accepted Manuscript, Available Online from 14 December 2023
Abstract
Due to the fact that the implementation of executive regulations is entrusted to the executive branch, circulars may be issued parallel to each other or contrary to the explicit text ...
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Due to the fact that the implementation of executive regulations is entrusted to the executive branch, circulars may be issued parallel to each other or contrary to the explicit text of the law, and therefore citizens may not be satisfied with the current situation. This research has been done by analytical-descriptive method and its purpose is to examine the challenges of standard legal interpretation in the legal system of Iran and France and compare them with each other. It was stated that in France, without directly referring to administrative lawsuits, the judicial branches of any place where there is a prosecutor's office can directly enter the case and handle the case in a combination of civil, criminal and administrative aspects; to proceed In our country, the powers of the Administrative Court of Justice are similar to the legal branches of the court, which only enters into the case if a petition is filed and can issue a unanimous verdict. Naturally, by canceling the circulars, that too when there is a dispute between the citizens and the administrations, it is not possible to guarantee the right of the people to sue according to Article 34 of the Constitution, and it is necessary that, like the French model, the judicial system should be involved in the matter. and delegate these powers to local levels as well.
