Analysis and Examination of the Effects and Consequences of the Decisions of the Administrative Court of Justice on the Performance of Local Councils

Abstract

Articles 105 and 106 of the Constitution of the Islamic Republic of Iran refer to the supervision of councils and clearly indicate that the constitutional legislator has accepted the principle of supervision over the performance of councils. However, the question is how the Administrative Court of Justice, given its supervisory authority over government officials and governmental regulations, and considering the independence of local councils from the three branches of government, can supervise the performance of councils and their members. With regard to the jurisdiction of the Administrative Court of Justice to review and annul council approvals, several legal viewpoints have been proposed. Some believe that the Administrative Court of Justice lacks jurisdiction to intervene in council approvals, whereas others maintain that the Court may review such approvals. There are also debates concerning the Court’s jurisdiction to review approvals of city councils and its lack of jurisdiction over other councils. It appears that the General Board of the Administrative Court of Justice may annul council approvals. Nevertheless, the independent intervention of the Administrative Court of Justice in the matter of council approvals may be regarded as a kind of frustration of the legislator’s purpose, because the legislator has established a specific mechanism for annulling approvals and has not expressly addressed the Court’s intervention in this matter. Therefore, responsibility for supervising council approvals should be assigned to dispute resolution boards. The Administrative Court of Justice may, however, act as an appellate authority and the final forum for reviewing the decisions of these boards. Despite their independence and expertise, dispute resolution boards are considered quasi-judicial bodies, whereas the Administrative Court of Justice functions as a judicial and specialized authority in this field.