Reflection on thePathology of the Subsidiary Bodies of the Judiciary Functions from the Perspective of the Separation of

Document Type : Original Article

Author

University of Qom

10.22034/jlr.2020.115658.1102

Abstract

Now in the organizational structure of the judiciary, in addition to general and specialized courts, have numerous administrative organizations. Usually, each of these organizations has been formed in accordance with the goals of the judiciary. In the framework of the separation of powers, it can be said that the qualifications, functions, duties and powers and responsibilities of the judiciary, only limited to some judicial functions.
In addition, some non-judicial and organizational competencies have been identified to the Judiciary under different) articles including Article 156(of the constitution. This article analyzes the subsidiary organizations of the Judiciary from the perspective of the separation of powers doctrine. The basic assumption of this article is based on the belief that the judiciary is not only a matter judicial duty and to complete the tasks of judiciary, it is necessary, some administrative and quasi-executive functions may also be performed.
Keywords: Separation of powers, theory of the two powers, executive acts, Judiciary, functionalism

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Legal Research Quarterly
Volume 24, Issue 95 - Serial Number 95
November 2021
Pages 209-226

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History

  • Receive Date: 16 January 2018
  • Revise Date: 05 October 2019
  • Accept Date: 30 June 2020

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