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Limitations and Requirements of Authorities of Head of the Judiciary about creation necessary organizations in the Judiciary in Legal system of Iran
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Abstract: (3591 Views) |
| Administrative independence of judiciary is one of elements of organizational independence of that power in legal system of Iran which contains elements such as Independence in recruitment and organizational affairs. Based on clause 1 of article 158 of the constitution, creation necessary organizations in the judiciary in accordance with responsibilities of article 156 is duty of Head of the judiciary. That clause that has not been changed in reformation of constitution in 1368, was repeated in the law of duties and powers of the Head of the judiciary (1378). Based on paragraph (a) of article 1 of this Act, that authority is relevant to the judiciary and includes both judicial and administrative organizations. Creation judicial and administrative organizations have administrative and financial recruitments. Considering organizational independence of judiciary in legal system of Iran, applying authority of Head of the judiciary according to paragraph 1 of article 158 of the constitution should not depend on discretion of executive authorities about providing administrative and financial requirements of that authority. Of course, there are limitations on authority of Head of judiciary about that subject which have been studied in this essay. General provision in administrative and financial affairs implied that requirements of applying that authority have not been prescribed in legal system of Iran. Relevant rules must be seen in the Comprehensive Administrative and Recruitment of the Judiciary or The Law of Duties and Powers of the Head of the Judiciary or the Law mentioned in article 52 of the constitution. |
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| Keywords: Administrative authority, Clause 1 of article 158 of the Constitution, Judicial independence, Article 126 of the Constitution, Seperation of Power |
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Type of Study: Research |
Subject:
Special
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