نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Acquired rights constitute a novel concept in administrative law, primarily aimed at ensuring legal certainty and protecting citizens’ trust against administrative decisions. The significance of this concept is amplified in the sphere of urban planning, where rapid urban development, revisions in construction regulations, and extensive interventions by public authorities frequently create conflicts between public interest and individuals’ acquired rights. In such contexts, precisely defining the scope of this right plays a pivotal role in preventing the violation of individual rights and ensuring justice.As the general authority for adjudicating administrative disputes, the Administrative Justice Court of Iran has issued numerous rulings in recent years concerning urban planning conflicts. These rulings demonstrate the Court’s endeavor to strike a balance between safeguarding individual rights and preserving public interest. This article, adopting an analytical-descriptive approach and examining relevant judicial precedents, explores how this right is identified and protected within the realm of urban law. The findings indicate that the Court’s general approach is protective, aiming to uphold citizens’ vested rights. However, this protection is not absolute; in cases where the exercise of this right conflicts with public interest or the necessities of urban development, the Court often adopts a restrictive interpretation, thereby limiting the scope of such protection. Consequently, articulating the criteria for identifying acquired rights and determining their relationship with public interest remains one of the most critical challenges in urban law within the Court’s judicial practice
کلیدواژهها English