Court of Administrative Justice and Protection of the Right to Freedom of Association

Freedom of association is one of the fundamental human freedoms in society, because each member of society has the ability to be effective in determining the political and social destiny of himself and his society. Thus, one of the most obvious manifestations of people's participation in determining destiny is the gathering of individuals or organizations, in which individuals of the nation can express their protests, objections and demands in a civil and peaceful manner. Therefore, in this article, while stating the legal system governing the issue, an attempt has been made to examine the approach of the Court of Administrative Justice of Iran regarding the protection of the right to freedom of association. The main issue of the article is how the government and public officials, while protecting the right to freedom of association, can prevent a peaceful and criminal-free gathering from turning into a violent demonstration, revolt and even uprising against the government. In this paper, descriptive-analytical research method is used. The question that arises is what is the role of the Court of Administrative Justice in protecting the right to freedom of association? In this regard, the hypothesis that the protection of the right to freedom of association is one of the freedoms of citizens' rights is evaluated. In this respect, the responsibility for determining the instances and scope of freedom and how to protect it is the responsibility of the legislature, its implementation is the responsibility of the executive, and its oversight is the responsibility of the judiciary and public opinion. The results of the article indicate that the Court of Administrative Justice, not only does not have a clear and specific approach to organizing the freedom of association, but also has a paradoxical and contradictory procedure.