Document Type : Original Article
Authors
1
PhD student in Public Law, Faculty of Law, University of Qom
2
Associate Professor, Department of Public and International Law, Faculty of Law, Qom University
10.22034/envj.2026.546786.1557
Abstract
Abstract
Background and Objective: The increasing environmental crises and climate change seriously threaten the fundamental rights of citizens, especially the "right to a healthy environment". In the Iranian legal system, Article 50 of the Constitution, by declaring environmental protection as a public duty and prohibiting destructive activities, constitutes the legal cornerstone of this area. In this framework, the Administrative Court of Justice, based on Articles 170 and 173 of the Constitution, as the highest judicial authority to address people's complaints about the actions and approvals of executive bodies, has the potential capacity to guarantee this right. However, evidence suggests a deep gap between these legal capacities and the Court’s practical effectiveness in dealing with widespread environmental degradation, and especially in addressing the emerging concept of “climate justice.” This article seeks to answer the fundamental question of what structural, legal, and executive challenges the Court faces in this regard. And how, by removing these obstacles, its role can be upgraded from a passive observer to an active and effective actor in environmental protection. The ultimate goal is to provide solutions for realizing the Court’s potential to become an efficient environmental court.
Cases and Methods: This study employs a descriptive-analytical method, utilizing a library-based approach and qualitative analysis of judicial rulings to examine the role of the Administrative Court of Justice. The statistical population comprises environment-related rulings issued by the General Board and branches of the Administrative Court of Justice over the past decade (2013–2023). These cases were selected through purposeful sampling and subsequently analyzed and evaluated using a case study methodology.
Results: The results of the research indicate a dual and contradictory performance by the Court of Administrative Justice in the environmental field. On the one hand, the Court, especially through the General Assembly, has had significant success in annulling ad hoc and unlawful decisions. These successes are mainly evident in the field of combating illegal land use changes and green spaces, as well as requiring executive agencies to comply with the Environmental Impact Assessment (EIA) process before implementing large projects. These decisions prove the Court’s capacity to play a role as a protective shield against destructive administrative decisions. In the emerging field of climate justice, the Court has taken almost no effective steps and has no defensible track record due to the lack of codified laws, scientific complexities, and judicial caution against entering into macro-energy and economic policies.
Discussion: The findings of this research show that the gap between the legal capacities and practical effectiveness of the Administrative Justice Court is rooted in a traditional and conservative judicial approach that is inadequate to deal with today’s complex and multifaceted environmental challenges. To overcome this situation, a paradigm shift from a formal and reactive approach to a substantive, proactive, and preventive approach is necessary. In the area of climate justice, the Court can take initial steps by focusing on procedural aspects, such as requiring governments to be transparent and develop national climate plans. Ultimately, transforming the Court into an effective bulwark for the defense of environmental rights will require a combination of judicial courage, structural reforms, and active participation by civil society so that the institution can fulfill its historic role in protecting our common natural heritage for present and future generations.
Keywords: Right to a healthy environment ; Administrative Court of Justice ; Environmental Court; Climate justice ; Environmental rights of citizens .
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