Document Type : Original Article
Authors
1 BSc. of Law, Al-Zahra University, Tehran, Iran.
2 Ph.D Student in Public Law, Allameh Tabatabai University, Tehran, Iran.
Abstract
Legal institutions can play an effective role in achieving economic policies and goals in society by enacting supportive laws and regulations in creating appropriate incentive structures and removing existing barriers to boost production and economic growth. Facilitating the issuance of licenses as one of the solutions to remove barriers to production in the general policies of Article 44 of the Constitution and subsequently in the laws adopted by the Islamic Consultative Assembly has been considered and emphasized. The Court of Administrative Justice, as a judicial and supervisory body in monitoring government regulations and decrees, guarantees the rights of the people and the rule of law. The purpose of this descriptive-analytical study is to conclude what approach the Court of Administrative Justice has taken in implementing policies to support production and remove barriers.The findings of this study show that the Court has a law-based approach and also in its rulings, in addition to protecting the law, has interpreted the law judicially and explained the jurisdiction of the deregulation board and facilitated the issuance of business licenses, which expresses the role Judicial procedure is effective in the legal system.In reviewing the rulings issued by the Court, we criticized a decision of the General Assembly, which seems to have been issued contrary to the procedure of the Court.
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