Document Type : Research/Original/Regular Article
Authors
1
Associate Professor, Faculty of Humanities, Semnan University, Semnan, Iran
2
PhD in Public Law, Faculty of Law, Theology and Islamic Studies, Islamic Azad University, Najafabad, Iran
10.22106/jlj.2025.2061693.6300
Abstract
Pursuant to Article 138 of the Constitution of the Islamic Republic of Iran, the Board of Ministers, individual Ministers, and commissions composed of several Ministers (subject to the approval of the President) are vested with the authority to issue regulations. On the other hand, the Head of the Judiciary, by relying on Interpretative Opinion No. 90/30/43485 of the Guardian Council dated August 24, 2011, may, within the framework of the powers stipulated in the Constitution, proceed to issue regulations. Meanwhile, the authority of the aforementioned officials and bodies to make regulations in judicial affairs is not clearly defined, and this issue is surrounded by ambiguities within the legal system. This article, adopting a descriptive–analytical approach, seeks to answer the question of how the regulation-making authority of the officials and bodies of the Executive Power in judicial affairs should be understood. It concludes that denying the extension of the regulation-making competence conferred by Article 138 of the Constitution upon the aforementioned executive officials and bodies to judicial regulations, while recognizing the Head of the Judiciary as the competent authority to issue judicial regulations, is more consistent with the non-exhaustive and non-absolute nature of the regulation-making competence of the officials and bodies referred to in Article 138 of the Constitution, the foundations and implications of the principle of the separation (or independence) of powers in the political system of Iran, the prevailing practice of the Guardian Council, the lack of competence of the Minister of Justice to issue judicial regulations, and the fact that regulations adopted by the Head of the Judiciary are subject to review. Accordingly, it is preferable for the legal system to establish a settled position on this matter.
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