hossein foroughiniya; Rashid Enayattabar
Abstract
The constitution is the supreme norm of legal systems and the coherence of this system requires the observance of the rules below the supreme rules. Therefore, the protection of the ...
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The constitution is the supreme norm of legal systems and the coherence of this system requires the observance of the rules below the supreme rules. Therefore, the protection of the constitution as the most important law governing the legal system of any country in the process of administrative fundamentalism, requires a correct interpretation of laws, especially administrative laws in the light of new methods with regulatory tools with legal methods. In a way that injecting the fundamental principles and values of constitutional rights into administrative rights and the observance of administrative rights from them will guarantee and protect the fundamental rights of citizens in relation to administrations. In the French legal system, the Council of State as well as the Constitutional Council, in various opinions, directly and indirectly deal with the constitutions and the superior rules created in it during administrative and constitutional proceedings, and with the normative and fundamental principles of the constitution as the supreme law. They have relied on what can be called a kind of fundamentalization of the principles of administrative law. In the Iranian legal system, although the theory of the fundamentalization of administrative law does not have a strong theoretical basis and the absence of a unified administrative law is still felt as a vacuum, but according to Article 173 of the Constitution, the institution of the Court of Administrative Justice due to constitutional principles It plays such a role in administrative proceedings by referring directly
