نوع مقاله : علمی - ترویجی
مدیر گروه مطالعات و پژوهشهای حقوق عمومی در اداره کل پژوهش ریاست جمهوری
عنوان مقاله [English]
In the Iranian law as any other written legal system, the Constitution is the highest source of laws and therefore any contradictory laws would be void and illegal. In order to guarantee the respect of superior rules or laws by the regulations adopted by the Executive power, several legal supervisions have been established. This article analyzes the role of the Iranian Court of Administrative Justice (CAJ) (Divan -e- Edalat -e- Edari) in this way. The author believes that interpretative function is not only through the formal interpretation by the Iranian Guardian Council (Shora -ye- Negahban) but also through the jurisprudence i.e., practice of (at least, administrative) judges and Judicial power. The practice of the CAJ emphasizes its judicial interpretation of the Constitution and insists on the supremacy of the Constitution.