نوع مقاله : پژوهشی
1 استادیار گروه حقوق، دانشکدۀ حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران
2 استادیار گروه حقوق بینالملل، دانشکدۀ حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران
عنوان مقاله [English]
One of the necessities of the rule of law at the level of political institutions is to provide enforcement guarantees for violations of laws by political authorities. The Iranian constitution has tried to meet the aforementioned necessity by providing various mechanisms for the responsibility of the president. Despite the possibility of the president being tried before the Supreme Court for violating his legal duties under Article 110 (10) of the Constitution, Iran's constitutional system is both doctrinaire and procedurally poor. Accordingly, the present study uses descriptive-analytical method and through historical legal genealogy, paying attention to the approaches of comparative constitutional law, identifying the existing challenges and providing solutions to resolve them, looks for to strengthen the teachings of Iranian constitutional law about the responsibility of the President before the Supreme Court and to provide the basis for establishing and strengthening procedures in this regard. This study seeks to answer the following questions: In the current legal system, what are the ambiguities and challenges of identifying and applying jurisdiction of the Supreme? And whether the jurisdiction has legal and political justification and desirability? Research findings show that not enough laws have been passed to implement this responsibility, the generality of the constitutional provision on the violation of the president, ambiguity in the competence of the Supreme Court and the General Courts of Justice in exercising this responsibility and the abandonment of the implementation of the first part of the aforesaid paragraph in the Constitution are among the notable challenges in this regard. Amending the constitution and adjusting the president's responsibility to the Supreme Court and passing the necessary laws to put in place it should be considered as a solution by the Iranian Legal system policymakers.