Judicial System for Compensation Arising from Legislation in the Islamic Republic of Iran
Keywords:
: Administrative Justice Court, Civil Liability, Enactments, Integrated Adjudication, Legislative Damages, Separate AdjudicationAbstract
Recognition of the specific characteristics of legislative and quasi-legislative liability alongside traditional civil liability constitutes the desirable adjudicative system for damages arising from legislation. Although governmental civil liability and legislative liability share certain common features, the distinct focus and emphasis placed upon them demonstrate that legislative damages cannot be fully addressed through ordinary civil law rules and the application of the three traditional elements required for establishing liability. The emerging approach in the field of legislative damages is the integrated adjudication model. Under this model, legislative damages are primarily examined through specialized public law rules and doctrines. Nevertheless, the legal system of the Islamic Republic of Iran, which continues to rely predominantly on its traditional civil law framework for adjudicating compensation claims in the sphere of public law, follows a bifurcated and two-stage adjudicative system through the Administrative Court of Justice and the general courts. Furthermore, regulations and enactments issued by certain authorities and institutions face a legal vacuum regarding the examination and compensation of damages. Using a descriptive-analytical method, this article seeks to answer the question of whether the existing adjudicative system and the mechanisms embedded within the legal structure of the Islamic Republic of Iran are capable of addressing legislative and quasi-legislative damages. The findings indicate that the exempt status of certain enactments, the two-stage nature of these proceedings, the absence of specialized foundations for establishing legislative damages, and the failure to utilize the judicial capacities of the country have resulted in the marginalization of such claims. Accordingly, the establishment of a coherent legal regime and a unified judicial authority overseeing legislative damages, through reliance on the integrated adjudication model, as well as the creation of a dedicated compensation fund and budgetary allocation for the full recovery of damages, is of considerable importance.
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Copyright (c) 2025 Bizhan Abbasi; Reza Tajarlou, Farnaz Manooei (Author)
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