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Review and vote of 272 dated 20/5/95 by the General Court of the Court of Justice
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Mojtaba Babaeedare *   |
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Abstract: (2934 Views) |
| The General Court of the Administrative Court of Justice, by a decision No. 272 dated 20/5/95, approved by Decree No. 87314 / T-316 / K-30/5/1387, members of the Working Group on Housing (Commission on the Principle of Article 138 of the Constitution), subject to paragraph A of the resolution No. 39238/40001 E-19/3 1387, and Note 1, paragraph 5, of Resolution No. 126560 / T-43165 -24 / 6/2009, the Special Representatives of the President have revoked the provisions of Article 33 of the Law of the Engineering and Control System of Building Act of 22/12/1374 for not having approved the Cabinet of Ministers. By analyzing the vote, it is determined that the vote was void in the wake of the cancellation of the above-mentioned resolution of the Housing Working Group, which was approved by the Cabinet of Ministers on the basis of the delegation of power, contrary to Article 138 The constitution. It should be noted that Article 138 of the Constitution gives the Council of Ministers the power to delegate its powers to a commission composed of several ministers. This is also in contradiction with the previous practice of the General Court Justice Administrative Court in similar cases |
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| Keywords: Article 138 of the Constitution, Article 127 of the Constitution, conferral of authority, jurisdiction |
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Full-Text [PDF 215 kb]
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Type of Study: Research |
Subject:
Special
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