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Analysis of the competent authority to resolve the dispute of the executive bodies
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Vali Rostami *   , Seyedaliakbar Montazeri |
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Abstract: (2 Views) |
According to Article 134 of the Islamic Republic of Iran, in cases of disagreement or interference in the legal duties of government institutions, if there is no need to interpret or change the law, the decision of the Council of Ministers, which is adopted on the proposal of the President, is valid. According to Article 138 of QA, the government is allowed to leave the approval of some matters related to its duties to commissions made up of several ministers. The approvals of these commissions within the limits of the laws are valid after the approval of the president. Based on this, the regulations on how to resolve disputes between executive agencies through the internal mechanisms of the executive branch, based on the proposal of the legal deputy and affairs of the president's parliament and based on the principles of 134 and 138 of the Islamic Republic of Iran, approved by the ministers who are members of the laws commission and on 26/12/ 1386 has been approved by the presidency and has been notified for implementation. Also, paragraph b of article 117 of the law of the seventh plan of the dispute resolution mechanism of executive bodies has been approved by the legislator. Therefore, the general competence of the judiciary in dealing with complaints and grievances subject to Article 159 of QA has been assigned by Article 134 of QA. Considering the disparity of opinions and decisions of the judicial authorities regarding the authority of the dispute resolution authorities of the executive bodies, this research intends to refer to the principles of the constitution and the interpretive opinions of the Guardian Council, approved laws and regulations, circulars and opinions and decisions of the judicial authorities and especially the decision Finally, the specialized board of administrative and public affairs of the court of administrative justice, dated 12/6/1998, clarified the scope of jurisdiction of each of the judicial and executive powers in resolving disputes between executive bodies, taking into account the different nature of executive, legal and other disputes, and the competent authority for resolving disputes between executive bodies specify
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| Keywords: Intrinsic jurisdiction - Council of Ministers - dispute resolution - executive body - public courts |
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Type of Study: Research |
Subject:
Special
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