The requirements governing the guarantee of the structural independence of the judiciary in the light of the opinions of the Guardian Council

Document Type : Original Article

Authors

1 Doctoral student of criminal law and criminology, Farabi School, University of Tehran

2 Member of the Guardian Council Research Institute

3 Doctoral student of Public Law, University of Tehran

10.48308/jlr.2023.229564.2370

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, in the capacity of 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 basic legislator. An important aspect of the independence of the judiciary is structural independence, which expresses the independent position and status of the judiciary compared to other powers or external persons. Accordingly, this research, which was conducted using library data and with an analytical-descriptive approach, is the answer to the question that the requirements governing the structural independence of the judiciary in the opinions and views of the Guardian Council as the interpreter and constable of the Constitution. How is it determined? The result of this study proves "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 coordinates of the relationship between the judiciary and the Ministry of Justice, with emphasis on the independence of the judiciary, have been drawn in such a way that "equipment and supply of the judiciary" is with the judiciary. In addition, from the point of view of the Guardian Council, the concept of independence of the judiciary includes all institutions and organizations under this branch.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 23 October 2023

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History

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

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