عنوان مقاله [English]
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.
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