In Iran, in imitation of the “French State Council”, the institution of “Administrative Justice Court” was established. This court supervised the duties and administrative activities of the government. Although the jurisdiction of the Administrative Court of Justice must be confirmed.
One of the accepted principles in many countries and governments is that the actions of the government are under the supervision and control of several institutions. Accordingly, most governments establish a judicial or quasi-judicial administrative institution in order to ensure and realize this essential principle in the field of their administrative and bureaucratic practices.
The most important differences between the jurisdiction of the Court of Administrative Justice and the Council of France
The way of establishing the Court of Administrative Justice, its place in the country’s legal claims system, as well as its role in judicial supervision of administrative acts, has nothing in common with the system of France and its State Council. The number of differences between these two institutions is so much that it exceeds the similarities between them. In the following, we will try to point out some of the most important differences between these two institutions in a headline and summary:
The Court of Administrative Justice is under the judicial system
One of the differences between the two institutions is that while the French State Council is under the judiciary, it is against the principles of separation of powers in this country. The administrative judicial system of this country is embedded under the executive branch and operates outside the judicial and judicial system. The reason for this difference is that the political conditions that existed in France and led to the establishment of the State Council did not exist in Iran. The perception of the Iranian legislator and the French revolutionaries on the theory of separation of powers in the matter of handling administrative claims by the courts and the justice system has been different, and this difference in view and perception determined the difference in the structure and nature of the two institutions.
Jurisdiction of the Court of Administrative Justice with the Council of France
Another difference is that their jurisdiction is very limited and includes a limited area of government organizations and their activities. As a result, many administrative acts in Iran are outside the judicial supervision of the Administrative Court of Justice.
Also, because the French State Council has a very wide field of activity, it accepts a wide range of lawsuits for the realization of people’s rights. Although the same number of claims are accepted in the Administrative Court of Justice with a slight difference, the bases and causes of claims in the State Council are interpreted in a very wide way. Also, the French administrative judge has wider powers to exercise supervision. This freedom of action and these broad powers are largely absent for the judges of the Administrative Court of Justice.
Conclusion
There is no exact criteria to know the nature of issues that can be raised in the Administrative Court of Justice. This makes the activity of this institution and its judicial supervision difficult. The organization of the Administrative Court is concentrated in the capital. This focus is not even enough to provide limited judicial supervision. But the government council has divided its responsibility by forming courts called administrative courts.
As a result, although the initial idea of establishing the Administrative Court of Justice was formed from France and the State Council of this country. But the same structure and the same scope of competences cannot be imagined for the Administrative Court of Justice. It can be claimed that the Administrative Court has its own organization and procedure. Even though the compilation of parts of the regulations and procedures of this institution is borrowed from some laws of other countries, including France. To get more information about the Administrative Court of Justice and related lawsuits, you can get help from the lawyers of the Administrative Court of Justice at Dadista Law Firm.