Culmination of Law

Culmination of Law

legal framework of: authorities powers at universities and research centers and concerned ministers in delegation of powers issued in article 1 permanent orders of development program law, with critical view to procedure administrative justice court

Document Type : Original Article

Authors
1 Assistant Professor, Economic law, Research Center, Islamic Parliament, Tehran, Iran
2 . Ph.D. Student, Faculty of Islamic Studies and Law, Imam Sadeq University, Tehran, Iran
Abstract
According to Article (1) of the permanent orders of the Development Programs of the Country law, universities and research centers operate without respecting to the general rules and regulations governing governmental institutions and only within the framework of authorities enactments which are approved by the concerned minister. The main question is whether the authorities of universities and research centers and the relevant minister are allowed to delegate this authority or not? Based on legal principles, what are the limitations? And what procedure has the Administrative Justice Court adopted in this regard? To answer this question, by using library sources and descriptive-analytical method, the rules and procedures of the Administrative Justice Court are investigated. The results of the research show that according to the developments and the foundations of the authority powers of the university and also based on the laws, principles and legal doctrine, the principle is the impossibility of delegating authority to the authorities unless the law explicitly or implicitly recognizes this issue. Although the delegation of powers subject to Article (1) of the Permanent orders of development program law, issued by the Ministers of Science and Health is implicitly recognized in the laws, such possibility regarding the authorities powers at universities seems to be against the spirit of the law.
Keywords
Subjects

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