Ensuring the Structural Independence of the Judiciary in Light of the Opinions of the Guardian Council

Document Type : Original Article

Authors

1 Ph.D Candidate, Faculty of Law, University of Tehran: Farabi College, Qom, Iran Corresponding Author Email: Ahmad.rahimi@ut.ac.ir

2 . Ph.D, Faculty of Law & Political Sciences, University of Tehran, Tehran, Iran

3 Assistant Professor, Guardian Council Research Institute, Tehran , Iran

Abstract

In Article 57 of the Constitution, the constitutional legislator considers the ruling powers to be "independent of each other" and in Article 156 of this law, where describing the judiciary, with double emphasis, it considers the judiciary as an independent power. Therefore, the independence of the judiciary has been given special attention by the constitutional legislator. An important aspect of the judiciary independence is structural independence, which expresses the independent position and status of the judiciary compared to other powers or external persons. Accordingly, this research, conducted using library data and through an analytical-descriptive approach, answers to the question that how it is determined the requirements of the structural independence of the judiciary in the opinions of the Guardian Council as the interpreter and the guardian of the Constitution. The result of this demonstrative study is "the exclusive competence of the judiciary in proposing the judicial bill, preparing, approving, amending and canceling executive and judicial regulations" and "the prohibition of supervision of other powers on the functioning of the judiciary". Also, the features of relationship between the judiciary and the Ministry of Justice, with emphasis on the independence of the judiciary, have been described in such a way that "equipping and providing the judicial system" is with the judiciary. In addition, from the Guardian Council point of view, the concept of the independence of the judiciary includes all institutions and organizations subordinate to this branch.

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Main Subjects

References

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    Websites

    1. Comprehensive System of Guardian Council Opinions Available at:‌‌ http://nazarat.shora-rc.ir/ (in Persian)

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History

  • Receive Date: 20 November 2022
  • Revise Date: 22 June 2023
  • Accept Date: 23 October 2023

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