MOHAMAD JAVAD JAVID; ZEIN AL ABEDIN YAZDANPANAH
Abstract
Moving from reality to ideal will be a step towards understanding why government oversight is not being achieved beyond the psychological and moral critique of public officials, avoiding abstract and non-historical thinking and inviting a paradigm shift in legal thought. In other words, the central question ...
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Moving from reality to ideal will be a step towards understanding why government oversight is not being achieved beyond the psychological and moral critique of public officials, avoiding abstract and non-historical thinking and inviting a paradigm shift in legal thought. In other words, the central question is, beyond the psychological and moral criticism of public officials, what is the missing link in the lack of proper oversight of government actions in Iranian public law? findings are Merely promoting principles and concepts and, consequently, enacting a wide range of laws and establishing oversight mechanisms, the idea of overseeing does not make reality, but Supervision of the actions of government within the framework of public law is a kind of social existence or a form of collective life that arises from the relations between powerful social actors in the context of history and the balance between these real social forces. The recent understanding follows the fundamental insight that our efforts to realize the idea of overseeing government actions in public law through promotion of public law concepts and regulatory prac
Public Law
Mozhgan Nemati; Mohammad Ja’far Habibzadeh; Doraid Mousavi Mojab
Abstract
In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, ...
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In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, must be held accountable for its performance at various levels, in particular, the procedures, decision-making process and implementation of decisions. However, accountability in the judicial system has always been faced many opposite views to guarantee judicial independence and other considerations such as sensitivity and specific function of the judiciary. In this paper, with emphasizing the necessity of creating a balance between the two competing values, namely 'independence' and 'accountability', the available capacities of the Iranian legal system are examined specifically regarding the accountability of the judiciary to the legislature and its members. The research method is descriptive-analytical and by utilizing library resources, this article while explaining why the judiciary is accountable to parliament, attempts to analyze and critique opposite views in this regard. The results of this study show that although the accountability of the judiciary has some differences and limitations compared to other institutions, undoubtedly judicial independence never means impunity or exemption from accountability. The examination of the available capacities in the constitution, including the right of parliament members to express comment and investigate, as well as the mechanism for dealing with complaints and reports submitted to the commission of the ninety principle, illustrates the fact that can be achieved to a degree of accountability of the judiciary to the parliament -especially with regard to judicial processes- while guarantee and respecting the judicial independence.
Asadollah Yavari; Mohammadghasem Tangestani
Abstract
Along with concentrating on enhancing Independence of judges and judiciary from executive power, Importance and necessity of judicial accountability (both judges and judiciary) have been concentrated in many studies. Accountability of judiciary as an institution is related to managerial level of this ...
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Along with concentrating on enhancing Independence of judges and judiciary from executive power, Importance and necessity of judicial accountability (both judges and judiciary) have been concentrated in many studies. Accountability of judiciary as an institution is related to managerial level of this branch and performance of its authorities in administering of it and executing relevant laws. Here, Judiciary is seen as an organization has some of the state responsibilities. With attention to importance of maintaining judicial independence, mechanisms of judicial accountability have been concentrated. In this essay, we illustrate the concept of judicial independence and accountability, mechanisms of accountability of judiciary in comparative law and legal situation of judicial independence and accountability in Iran.