1- Associate Professor of law, Tarbiat Modarres University, Tehran, Iran
2- Assistant Professor, Institution of High Education of Jeehade Daneshgahi
Abstract: (6165 Views)
Mohammad Jafar Habibzadeh
Associate Professor of Law, tarbiat Modarres University
Javad Hosseinzadeh
Assistant Professor, Institution of High Education of Jeehade Daneshgahi
The Guardian Council under the Art. 99 of the Constitutional Law is responsible for the supervision of the parliament elections – takes action to establish permanent supervisory offices in the provinces. The Home Office and some Istambuls, as responsibles for the performance bond, announce that the mentioned offices are illegal. They also forbid collaboration with these offices by issuing of notices and directives. The result of the this struggle is the action of Guardian Council in Administrative Tribunal of Justice which led to the pass of the “sentence number 229” which nollifys the aforesaid notices and directions. In this article, free from for and against political discussions, we try to analyse the parties’ reasons and the sentence 229 by paying attention to the legal doctrines and guidelines. Finally, it has been concluded the order of the Tribunal has many formal and substantial problems. Also, it could not be regarded as a basis for the legality of the mentioned offices.
Received: 2003/05/21 | Accepted: 2003/11/3 | Published: 2004/10/22