Annulment of the Resolutions and Circulars of the Social Security Organization by the General Board of the Court of Administrative Justice
Keywords:
Social Security Organization, General Board of the Court of Administrative Justice, annulment of resolutions, circularAbstract
The present study aims to explain the legal foundations and analyze the most important grounds for annulling the resolutions and circulars of the Social Security Organization in light of the decisions of the General Board of the Court of Administrative Justice. Using a descriptive-analytical method and drawing on library sources, laws and regulations, decisions of the General Board of the Court of Administrative Justice, and relevant legal documents, this study examines the legal foundations of judicial review over the enactments of the Social Security Organization and analyzes the Court’s practice in annulling such enactments. The findings indicate that the most important grounds for annulling the enactments of the Social Security Organization include inconsistency with the Constitution, conflict with ordinary laws, exceeding the limits of statutory authority, inconsistency with Islamic legal standards, and violation of individuals’ rights. Moreover, an examination of the practice of the General Board of the Court of Administrative Justice shows that a substantial portion of annulment decisions has resulted from the expansion of the Organization’s powers beyond the will of the legislature and from an expansive interpretation of statutory provisions. The results of the study indicate that judicial review by the Court of Administrative Justice, in addition to protecting the rights of insured persons and employers, plays an important role in establishing the principle of the rule of law, enhancing legal certainty, reforming the regulatory process, and strengthening the legitimacy of the actions of the Social Security Organization. Therefore, strengthening mechanisms of ex ante legal oversight, utilizing the capacity of specialists in public law and social security law in the process of drafting regulations, and paying greater attention to the judicial practice of the General Board of the Court of Administrative Justice can prevent the adoption of regulations contrary to law and reduce administrative litigation in this field.
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Copyright (c) 2025 Sadegh Ghanavati (Author); Mostafa Seraji; Ahmad Ranjbar , Hassan Mohammadi Ramaghani (Author)
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