نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Administrative justice is a cornerstone of the rule of law, aiming to strike a balance between the prerogatives of public authorities and the rights of individuals. It achieves this by subjecting administrative actions to judicial oversight, thereby ensuring that authorities do not exercise their powers in an arbitrary manner. Legal avenues for challenging administrative rulings—most notably the mechanism of "retrial"—serve to strengthen this form of justice. By allowing for the review of final judgments when exceptional circumstances arise that compromise their integrity, such mechanisms facilitate the correction of judicial errors and ensure the effective protection of legal rights and statuses. Retrials hold particular significance within the administrative judiciary; they constitute an exception to the principle of *res judicata* (the finality of judgments) and reconcile two competing interests: the need for legal stability—preventing disputes from remaining open indefinitely—and the imperative of reaching a fair judgment grounded in accurate, factual, and legal foundations. Consequently, the effectiveness of a retrial in fostering administrative justice depends on the precision with which the legislature defines the grounds for such a review, the procedures to be followed, and the authorities empowered to adjudicate them.
کلیدواژهها English