A CRITICAL ESSAY ON SPECIALIZED DISPUTE SETTLEMENT COUNCILS OF ADMINISTRATIVE JUSTICE COURT, BY EMPHASIZING ON JUDICIAL OVERVIEW ON ADMINISTRATION

After the suppression era and dissemination of democracy, delimiting government’s and guaranteeing public’s rights and liberties become the basis of codification of Constitutional Codes. In this respect, and according to principle of Rule of Law, the government obliged to do their determined obligations in law. The sanction of principle of Rule of Law is the responsibility of public representatives in respect of breach of law or non-performance of their obligations and their responsibilities in front of an impartial and independent jurisdiction. In Islamic Republic Of Iran’s legal system, by accepting aforementioned principles and according to Article 173 of constitutional code, judicial overview is granted to the Administrative Justice Court. Establishment of Specialized Disputes which are in the attribution competence of Administrative Judicial Court, in addition to contradiction with Article 173 and the basis of judicial overview on administration, is contrary to Article 139, which requires special per-requisitions to reach to the conciliation about the dispute in respect of public and governmental assets.