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Judicial supervision of the regulations of the Chief of the Judiciary
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Vali Rostami *   , Hosein Ayenehnegini |
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Abstract: (18 Views) |
| The regulations issued by the Chief Justice in the Iranian legal system, like other regulations, are subject to the principle of the rule of law. Accordingly, it is necessary to ensure this principle through effective "supervision" for the regulations issued by this authority. In the meantime, judicial supervision has a special place among other types of supervision due to the guarantee of proper implementation. On this basis, the competence or lack of competence of judicial authorities in supervising the decisions of the Chief Justice was the central question of this article. The studies conducted showed that the logic governing the Iranian constitution and legal order indicates that the Administrative Court of Justice, based on Article 173, and the judges of the courts, based on Article 170 of the Constitution, have the authority to supervise these regulations. Accordingly, regardless of the fact that Note 1 of Article 12 of the Administrative Court of Justice Law, excluding "regulations, circulars, and decisions of the Chief Justice" from the jurisdiction of the General Board of the Court, appears to be unconstitutional, but by excluding regulations approved by the Chief Justice from the jurisdiction of the Administrative Court of Justice, the general jurisdiction of courts of justice based on Article 159 allows it to place the handling of complaints against regulations of the Chief Justice within the jurisdiction of this institution. |
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Type of Study: Research |
Subject:
Special
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