Public Law
mahdi moradi berelian; Mghasem Tanghestani
Abstract
One of the necessities of the rule of law at the level of politicalinstitutions is to provide enforcement guarantees for violations of laws bypolitical authorities. The Iranian constitution has tried to meet theaforementioned necessity by providing various mechanisms for the responsibilityof the president. ...
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One of the necessities of the rule of law at the level of politicalinstitutions is to provide enforcement guarantees for violations of laws bypolitical authorities. The Iranian constitution has tried to meet theaforementioned necessity by providing various mechanisms for the responsibilityof the president. Despite the possibility of the president being tried beforethe Supreme Court for violating his legal duties under Article 110 (10) of theConstitution, Iran's constitutional system is both doctrinaire and procedurallypoor. Based on this, the current research tries to pay attention to thecomparative constitutional law approaches, identify the existing challenges andprovide solutions to solve them, using the descriptive and analytical methodand through legal historical genealogy, a step in the direction of enrichingthe doctrines of the constitutional rights in relation to the president'sresponsibility before the court. The Supreme Court of the country should takeit and provide the ground for creating and strengthening the procedure in thisregard. This study seeks to answer the following questions: In the currentlegal system, what are the ambiguities and challenges of identifying andapplying the jurisdiction of the Supreme Court? And has the jurisdiction any legal and political justification and desirability? Research findings show thatnot enough laws have been passed to implement this responsibility, thegenerality of the constitutional provision on the violation of the president, ambiguity in the competence of the Supreme Court and the General Courts of Justicein exercising this responsibility and the abandonment of the implementation ofthe first part of the aforesaid paragraph in the Constitution are among thenotable challenges in this regard. Amending the constitution and adjusting thepresident's responsibility to the Supreme Court and passing the necessary lawsto put in place should be considered as a solution by the Iranian legalsystem policymakers.
Public Law
Mghasem Tanghestani
Abstract
The Statute is the most important source of Law in countries with civil law system. Understanding the nature of the statute and its differences from similar concepts such as “policy” is a requisite of comprehension for legal and judicial systems and holds an effective role in creation of ...
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The Statute is the most important source of Law in countries with civil law system. Understanding the nature of the statute and its differences from similar concepts such as “policy” is a requisite of comprehension for legal and judicial systems and holds an effective role in creation of legal norms and applying them. There are different experts in the field of law like, judicial sciences, public policy making, social sciences, economy, linguistics and etc. all taking role in policy making process, especially judicial policy making. But the question is “What is the nature of legislation?” “What is the role of law in forming the statute?”, “What is the specific nature of a judicial bill” and “What is the role of the judiciary in judicial policy-making”? The sovereignty of state is applied by different political bodies and powers. Systematic cooperation of governmental bodies (Including the judiciary) in doing their duties is a requisite of good governance. Several state bodies take part in process of ratification of the statute. Desirable function of the statute depends on proper functioning of competent institutions in the policy cycle. The question which will be discussed here is that “What is the role of judiciary in judicial policy making process?” In this research, by descriptive-analytical method and using library and web resources we will try to answer the mentioned questions. According to the findings of this study primarily, legislation is a political act. In the process of judicial policy making, law has both a reinforcing role and a limiting role; the role of the judiciary is also important in the various stages of that process (from problem identification to evaluation and providing corrective solutions).
