Challenges and Solutions to Avoiding Centralization in Administrative Adjudication in Iran: With a View to the French Model

Document Type : Original Article

Author

Assistant Prof. Department of Law, Azarbaijan Shahid Madani University.

Abstract

In the French legal system, which employs a dual court system, there are specialized bodies known as administrative courts to handle administrative disputes, with the Council of State at the head of these courts. Iran has also been influenced by France in the area of administrative justice and has established the Administrative Justice Court, modeled after the French Council of State, to adjudicate administrative disputes. However, in its administrative adjudication structure, Iran has not fully benefited from the experiences of France and, contrary to the French model, has a centralized approach where the Administrative Justice Court serves as both an appellate and a supreme authority in administrative disputes. This situation has led to issues and challenges for the legal system. This paper, using a comparative-descriptive-analytical method, aims to identify the advantages of a decentralized administrative adjudication system and, with a holistic view, to examine the existing problems and challenges of a centralized administrative adjudication system. It will also offer legal measures and solutions, employing comparative legal approaches, to outline an ideal system in this area. Among the visible challenges of the centralized system are the violation of the principle of easy and affordable access to justice, lack of judicial organization, the presence of quasi-judicial instead of judicial bodies, lack of in-person proceedings, and prolonged litigation. Among the advantages of a decentralized system are the guarantee of the principle of easy and affordable access to justice, attention to judicial organization, in-person proceedings, expedited adjudication, and enforcement of rulings. The major solution proposed is to replace the centralized system with a decentralized one.

Keywords

References

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Journal of Comparative Public Law
Volume 1, Issue 3 - Serial Number 3
September 2024
Pages 65-92

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