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The necessity of proceeding based on the contradiction and attempt to bring about a context in which the partners could contradict about such affairs as the crime, reasons or defending before themselves in an equal condition, is one of the most fundamental principles at the righteously trial process. This principle has been pointed out entitled “Fair Trial” in the Universal Declaration of Human Rights and European Convention on Human Rights. Despite the fact that this principle has not been cited in Iranian statutes explicitly, because of its rational root, it has always been observed by the legislators and the jurisprudence in enactment and execution of the procedural rules, totally. Nevertheless, observance of the mentioned principle in some special trials such as the proceedings of Administrative Justice Tribunal’s General Council in annulling the illegal governmental regulations has been hesitated because of the silence of the Law; in such away that some orders have been partly issued by the mentioned Council, without the observance of this principle. In this paper, we attempted to explain the concept and background contradiction: Moreover, the evidences of this principle and its justification in the proceedings of the administrative justice tribunal’s general councils were also discussed.

Keywords: Administrative proceedings, Contradiction principle, Administrative justice tribunal’s general council, ullification of regulations contrary to the Law.

     

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