Document Type : Original Article

Authors

• Mohammad Amin Abrishami Rad ¹
• Hassan Shabani ²

¹ Assistant Professor of Law, Semnan University, Semnan, Iran

² Master student of public law at Semnan University, Semnan, Iran

Abstract

Despite the recognition of part of the rights of the nation in Chapter 3 of the
Constitution of the Islamic Republic of Iran and the relevant ordinary laws,
the "Charter of Citizenship Rights" -2016 - is one of the most important legal
documents after the Islamic Revolution Which has officially recognized
legal rights under the title of citizenship rights. In the present study, in a
descriptive-analytical format, the possibility of invoking the Charter of
Citizenship Rights in the Administrative Justice Court was examined. The
findings of this study showed that considering the role of the President in the
political and administrative system of the Islamic Republic of Iran and
proving the legislative authority for this authority, the Charter of Citizenship
Rights should be considered as government regulations and in terms of
normative hierarchy under ordinary laws. Therefore, considering that in
accordance with Articles 167 and 170 of the Constitution and also the
procedure of the Administrative Justice Court, it is possible for judges of the
Court to invoke government regulations, this charter can be invoked in the
court proceedings within the limits of the law.

Keywords

• Charter of Citizenship Rights
• Administrative Justice Court
• President
• Article 167 of the Constitution
• Article 170 of the Constitution