Comparative Study of the Role of Administrative Courts in Ensuring the Functions of Administrative Councils in the Legal Systems of Iran and Germany

Abstract

Administrative councils play a prominent role in implementing decisions and high-level directives within each of the three branches of government. Generally, administrative councils should operate under the executive branch of each country, which is predominantly the case in the Iranian legal system. Therefore, administrative councils in Iran should be considered executive councils. In contrast, in the German legal system, administrative councils are general councils that are permitted to operate within each of the three branches of government. The central question in this research is: Considering the jurisprudence of administrative courts in the legal systems of Iran and Germany, what differences exist in the functions of administrative councils? This article follows a descriptive-analytical approach and employs a library research method to address this question. The findings indicate that, in terms of foundations and objectives, the functions of administrative councils in the legal systems of Iran and Germany differ based on the jurisprudence of administrative courts. In the German legal system, administrative councils are established based on the principle of protecting the public interest, whereas in the Iranian legal system, their foundation is rooted in executive functions. Administrative councils in Iran are essentially executive councils, and in the rare cases where the legislative and judicial branches have established administrative councils, their structure remains predominantly aligned with executive agencies. In contrast, in the German legal system, administrative councils function as general councils.