نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Based on Article 138 of the Constitution of the Islamic Republic of Iran, the Council of Ministers, each minister, and commissions consisting of several ministers (with the approval of the President) have the authority to issue regulations. On the other hand, the Chief of the Judiciary, based on the Guardian Council's interpretative opinion No. 43458/30/90 dated 2/6/1390, can issue regulations within the framework of the powers stipulated in the Constitution. Meanwhile, the possibility of regulating the authorities and authorities mentioned in Article 138 in judicial matters is not precisely clear, and this issue faces some ambiguities in the legal system. Accordingly, this article, in a descriptive-analytical format, seeks to answer the main question: What is the regulatory authority of the executive branch authorities and authorities in judicial matters? The findings of this study proved that despite the existing duality in the legal system, the lack of extension of the regulatory authority of the authorities and authorities mentioned in Article 138 to judicial regulations and the recognition of the Head of the Judiciary as competent to issue judicial regulations, are more consistent with the symbolic and non-absolute regulatory authority of the authorities and authorities mentioned in Article 138, the foundations and effects of accepting the principle of independence of powers in the Iranian political system, the prevailing practice of the Guardian Council, and the lack of competence of the Minister of Justice to issue judicial regulations.
کلیدواژهها English