Background and Aim: One of the components of human rights for any political system is the guarantee of human dignity. In the meantime, protecting citizenship rights by modifying the power and responsibility of government officials is required; Various types of oversight mechanisms, is appraised by the law. In the German- Roman legal systems, the Supreme Administrative Court is responsible for "judicial oversight" of state decisions.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: This has also been the case in the Iranian legal system, however some institutions, such as the Guardian Council, are exempt from the jurisdiction Court of Administrative Justice. Based on the court of administrative justice, filing a lawsuit against the guardian council’s decisions is not possible; But any subject matter has a legal interpretation; the reasons for the uncontrollability of the Guardian Council need to be clarified.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The rule of law, the principle of separation of powers, the principle of legitimate expectation justifies the need for the oversight of the Guardian Council. Preventing the abuse of power, judicial error, and making unreasonable decisions, as well as adherence to the principle of proportionality are the factors that make the oversight of the guardian council a requirement.
Cite this article as: Rafiee MS, Ahmadi SMS. Judicial oversight of the Guardian Council by the Court of Administrative Justice. Medical Law Journal 2021; Legal Innovation.
Type of Study:
Original Article |
Received: 2021/08/30 | Accepted: 2021/11/3