Legal and Economic Analysis of the Legal Dispute Resolution System among Executive Agencies
Keywords:
Legal Disputes, Economic Analysis of Law, Executive Bodies, Administrative Adjudication, Alternative Dispute Resolution (ADR)Abstract
The legal dispute resolution system among executive agencies is one of the fundamental elements in realizing efficient, transparent, and law-governed administration within the system of public law. In administrative law, such disputes mainly arise from ambiguity and conflict in laws and regulations, overlap in duties and competences, weak institutional coordination, and the absence of coherent procedures; they may lead to the waste of public resources, prolonged decision-making, and reduced governance efficiency. This article, adopting a descriptive-analytical and interdisciplinary approach within the fields of public law and the economic analysis of law, and relying on library sources, laws and regulations, and administrative and judicial practices, examines the strengths and weaknesses of the existing dispute resolution system among executive agencies. The findings indicate that the institutional fragmentation of authorities, ambiguity in jurisdictional boundaries, weak enforcement guarantees, lack of coordination among certain regulations, and insufficient attention to the economic process of administrative disputes are among the main factors contributing to the inefficiency of the current situation. Drawing on the principles of the Constitution, the Seventh Five-Year Development Plan of the Islamic Republic of Iran, the Law on the Administrative Court of Justice, and the related regulations, the article identifies the characteristics of a proposed integrated model based on the functional differentiation of disputes, the strengthening of a central dispute resolution institution within the executive branch, and the purposeful use of alternative dispute resolution methods. The establishment of such a model can contribute to strengthening the rule of law and increasing governance efficiency by reducing the direct and indirect costs of litigation, accelerating decision-making, and enhancing institutional coordination.
Downloads
References
Aghaei-Tough, M., & Lotfi, H. (2019). Administrative Law I. Enteshar Publishing Company.
Ahmadpour, E., & Salimi, M. (2019). Alternative Dispute Resolution Methods with Emphasis on the Jurisdiction of the Dispute Resolution Council. Majd Scientific and Cultural Association.
Bell, J., & Paterson, L. (2018). French Legal System (11th ed.). Oxford University Press.
Brown, N., & Bell, J. (2013). French Administrative Law (5th ed.). Oxford University Press.
Cooter, R., & Ulen, T. (2016). Law and Economics (6th ed.). Pearson.
Craig, P. P., & de Burca, G. (2015). EU Administrative Law (2nd ed.). Oxford University Press.
Emami, M., & Ostovar-Sangari, K. (2018). Administrative Law, Volume 1 (22nd ed.).
Emami, M., & Ostovar-Sangari, K. (2024). Administrative Law, Volume 1 (24th ed.). Mizan Publications.
Fallahi, H. (2013). Non-Judicial Dispute Resolution Methods in the Executive Branch with Emphasis on Dispute Resolution between Government Agencies Faculty of Law and Political Science, Allameh Tabataba'i University].
Ghazi Shariatpanahi, S. A. (2013). Essentials of Constitutional Law (46th ed.). Mizan Publications.
Gorji-Azandaryani, A. A., & Rezaei, M. (2014). Dispute Resolution and Regulation of Relations among the Three Branches of Government in the Islamic Republic of Iran. Judicial Legal Journal, 78(85), 115.
Hedavand, M., & Mashhadi, A. (2016). Principles of Administrative Law in Light of the Decisions of the Administrative Court of Justice, with a Comparative Study of French, Swiss, German, Egyptian, Lebanese, English, and American Law (4th ed.). Khorsandi Publications.
Hood, C., & Lodge, M. (2006). The Politics of Public Service Bargains: Reward, Competency, Loyalty, and Blame. Oxford University Press.
Kashani, J. (2010). How to Resolve Disputes between Government Agencies. Journal of Law and Politics Research, 12(30), 205-226.
Katouzian, N. (2018). Introduction to Legal Science and Study of the Iranian Legal System. Ganj Danesh Publications.
Kaufmann, D., Kraay, A., & Mastruzzi, M. (2010). The Worldwide Governance Indicators: Methodology and Analytical Issues.
Khezri, A. (2021). Mediation and Conciliation in Iranian Law. Judiciary Publications, Cultural Deputy.
Kohandel, P. (2023). Pathology of Dispute Resolution between Executive Agencies through Internal Executive-Branch Mechanisms within the Framework of Article 134 of the Constitution of the Islamic Republic of Iran. Journal of Modern Achievements in Public Law, 2(8), 66-86.
Leyland, P., & Anthony, G. (2016). Textbook on Administrative Law (8th ed.). Oxford University Press.
Lov, L. (2011). Settling Out of Court: How Effective Is Alternative Dispute Resolution? (Viewpoint: Public Policy for the Private Sector, Issue.
Mousazadeh, E. (2023). Constitutional Law. Dadgostar Publications.
North, D. C. (1990). Institutions, Institutional Change and Economic Performance. Cambridge University Press.
Ostovar-Sangari, K. (2013). The Concept of Government in the Unification Decisions of the Supreme Court. Legal Research Journal.
Ostrom, E. (2005). Understanding Institutional Diversity. Princeton University Press.
Posner, R. A. (2014). Economic Analysis of Law (9th ed.). Wolters Kluwer.
Sadeghi, H., & Marandi, E. (2022). Legal-Executive Assessment of Dispute Resolution between Executive Agencies in Relation to the Constitution. Modern Administrative Law Research, 4(13), 263-345.
Shapiro, M. (2016). Courts: A Comparative and Political Analysis. University of Chicago Press.
Shavell, S. (2004). Foundations of Economic Analysis of Law. Harvard University Press.
Shiroei, A. (2024). Economic Law. SAMT Publications.
Verkuil, P. R. (2017). Valuing Bureaucracy: The Case for Professional Government. Cambridge University Press.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 معصومه خاكشور (نویسنده); حسین صادقی; ولي رستمي (نویسنده)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
