The Right to Attorney in Administrative Proceedings

Fallahzadeh, Alimohamad

doi:10.22096/hr.2022.539375.1376

The Right to Attorney in Administrative Proceedings

Document Type : Review Article

Author

Alimohamad Fallahzadeh

Assistance Professor of Public Law, Allameh Tabatabaiee University, Tehran, Iran.

10.22096/hr.2022.539375.1376

Abstract

The right to attorney in judicial proceedings is one of the basic procedural rights that serves substantive rights. The question that can be raised here is “What is the meaning and characteristics of the attorney in administrative proceedings? Using a comparative and analytical method, the present article seeks to answer the above question. The findings of this article show that the British and Australian legal systems do not recognize the right to attorney in administrative proceedings as an absolute right. If the laws do not recognize the power of attorney in the administrative proceedings, it will be up to administrative courts. However, in cases where procedural fairness requires this right, the courts are sensitive to it in their judicial procedure. The procedure of the European Court of Human Rights also shows that the concepts of fairness of the proceedings and the right to attorney have been extended to administrative proceedings as well. In the Iranian legal system, the attorney is one of the basic procedural rights recognized by the Constitution and according to the approach of the Guardian Council, this right can be extended to administrative courts as well. The judicial procedure of the Court of Administrative Justice also confirms this approach and treats it as a judicial proceeding.

Keywords

Attorney

Administrative Proceeding

European Court of Human Rights

the Court of Administrative Justice

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