Interpretation of the Principle of Public Services in the Unifying Decisions of the Administrative Justice Court

Abstract

This study examines the interpretation of the principle of public services in the unifying decisions of the Administrative Justice Court. The principle of public services has been recognized in most countries worldwide; however, it has not been explicitly stated in any of Iran’s laws. The primary research question is how the principle of public services has been interpreted in the judicial practice of the Administrative Justice Court. The research employs an analytical and descriptive method, with the objective of explaining the principle of public services and its interpretation in the decisions of the Administrative Justice Court. The court has not maintained a consistent approach regarding public services in its judicial practice. Nevertheless, to some extent, the Administrative Justice Court has been able to apply the principle of public services in its issued rulings and has considered this principle in certain cases when delivering judgments. The application of the principle of public services in the Administrative Justice Court can better safeguard citizens’ legal rights. To achieve results, this research collects and analyzes a number of rulings from both the branches and the General Board of the Administrative Justice Court concerning the entitlement to public services. It can be stated that the Administrative Justice Court has not explicitly focused on defining public services in its judgments but has instead considered the concept and nature of public services as its guiding criteria. A review of these rulings demonstrates that the court has pursued an approach aimed at creating a fair environment for citizens to access public services and has successfully prevented discriminatory practices by government institutions of the Islamic Republic of Iran in ensuring equitable access to various public services for citizens. Therefore, this study first briefly presents the theory of public services and its developments, followed by an examination of relevant rulings.