Analyzing the Role of the Principle of Transparency in the Interpretation and Implementation of Administrative Laws in Iran: A Case Study of the Administrative Justice Court Rulings

Authors

  • Mohammad Ali Kafaeifar Assistant Professor, Department of International Law, Islamic Azad University of Qom, Iran Author
  • mohammad sadegh vasef PhD student in Public Law, Islamic Azad University of Qom, Iran. Author

Keywords:

Transparency Principle, Administrative Law, Administrative Justice Court, Legal Interpretation, Administrative Governance

Abstract

Transparency is recognized as one of the fundamental principles of good governance, playing a crucial role in building public trust, preventing administrative corruption, and promoting administrative justice. Although the Iranian legal system, through constitutional and ordinary laws, emphasizes the necessity of transparency in administrative processes, its interpretation and practical application face several challenges. This study adopts a descriptive-analytical methodology and conducts a field investigation based on rulings issued by the General Board of the Administrative Justice Court between 2016 and 2024. The data was collected through qualitative content analysis of over 120 selected rulings in the field of administrative law, complemented by semi-structured interviews with 25 judges, legal professionals, and university scholars. The findings indicate that although transparency has been referenced in some key rulings, there is a lack of consistent and binding judicial practice regarding its application. Moreover, the absence of a precise legal definition of transparency and the lack of specialized training for judges and administrative officials are identified as major barriers to institutionalizing this principle. The paper concludes with several recommendations aimed at improving the Court's approach to utilizing the principle of transparency in legal reasoning and administrative governance.

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Published

2025-07-25

Issue

Section

Research article