Ali Akbar Gorji Aznadreyani; Morteza Rezaei
Abstract
In the legal- political system of Iran, resolving dispute and regulation of the powers relations, especially on thirty five years of the Islamic Republic history that led into the revision and modification of the Constitution, is special and unique issue that derived from the power distribution type ...
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In the legal- political system of Iran, resolving dispute and regulation of the powers relations, especially on thirty five years of the Islamic Republic history that led into the revision and modification of the Constitution, is special and unique issue that derived from the power distribution type in governance system of this country. Disputes and conflict jurisdictions problems sometimes results in unprecedented disputations that indicates different explanations from law. In recent years, this problem, despite some apparently regards again brought back into the political arena, thus it seriously required to be redesigned and fixed. The Leader created "Supreme institution of resolving dispute and regulation of the threefold powers relation" in the political arena of country based on paragraph 7 of Article 110 of the Constitution, in culmination of disputes between the threefold powers. Research in this newly established institution and review of paragraph 7 of article 110 of the Constitution as basic system of the resolving dispute and regulation of the powers relations in Iran make the main subject in this essay.
Aliakbar Gorji; Yunus Fathi
Abstract
Jurisdiction is determinative of the administration’s activity and action, and important point in public law concerning the jurisdiction is the “Principle of Incompetency’’, that is to say no public authority has a jurisdiction unless such a jurisdiction is conferred to him legally. ...
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Jurisdiction is determinative of the administration’s activity and action, and important point in public law concerning the jurisdiction is the “Principle of Incompetency’’, that is to say no public authority has a jurisdiction unless such a jurisdiction is conferred to him legally. Jurisdiction falls into two types, Statutory and Discretionary power, based on the second one an administrative official is allowed to make a choice and select one of the options that are available, and therefore he can maneuver vastly. Supervision is one of the key topics of public law and supervision on discretionary powers is of utmost importance. In discretionary power, although a public authority has more latitudes, but it does not mean arbitrary decision making.
So the crucial point in application of selective jurisdictions, despite the power of public authority to make a choice is the matter of qualification of supervision on these kinds of jurisdictions.
In this paper through studying of the notion of selective jurisdictions and methodes of supervision them, we jump to this conclusion that the power of public authority to make a choice in selective jurisdiction does not contradict with the issue of supervision on them.
