نقش ديوان عدالت اداري در دادرسي شرعي مقررات اداري

The Role of the Administrative Court of Justice in Evaluating the Compliance of Administrative Regulations with Religious Principles

Articles 4 and 170 of the Constitution of the Islamic Republic of Iran has determined two authorities to ensure the compliance of administrative regulations with religious principles. Notwithstanding, neither the Constitution nor the statute law has specified the precise role of each of these two authorities in this regard. Considering the important position of these authorities, the role of each of them can not be underestimated. However, it seems that position and role of the Administrative Court of Justice is more ambiguous. In this article, the author considers three aspects of religious, administrative and judicial in a litigation to examine the compliance of administrative regulations with the religious principles. Then the paper, considering the existing realities, studies the potential role of the Court in the light of the new law concerning the Court, particularly because the new law has provided innovations to deal with such litigations.