Ratio between the Administrative and Financial Powers of the Head of Judiciary with the President in the Constitution

Document Type : Original Article

Author

PH. D in Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

Abstract

The Article 157 of the Constitution places the responsibility for all "judicial", "administrative" and "executive" affairs of the judiciary on the head of the judiciary. According to the Article 160 of the Constitution, "full financial and administrative powers as well as employment powers [of the judiciary]" are provided for the head of the judiciary. In addition to the mentioned Articles, according to the Articles 126 and 52 of the Constitution, the President is "directly" introduced as the person in charge of program and budget affairs and administrative and employment affairs of the "country", and on the other hand preparing the "annual budget of the whole country" is vested in the government (the executive branch). Therefore, resolving the existing ambiguities regarding the limits of the administrative and financial competence of the head of the judiciary and explaining the manner in which it relates to the administrative and financial competencies of the president has been the mission of this research. Examining this issue in a descriptive-analytical format showed that according to the interpretation of the Articles of the Constitution, although the administrative and employment competence of the judiciary is with the head of that body, but due to coordination of affairs and suitable distribution of financial and administrative resources, this competence should be exercised with the coordination and approval of the president.

Keywords

References

A) Books and Research reports
1- General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, Detailed Negotiations of the Assembly's Final Review of the Constitution, First Edition, 1985, Volume 3.
2- General Office of Cultural Affairs and Public Relations, Office of Advertising  and Publications, General Office of Laws, Office of Typography, Detailed Negotiations of the Constitutional Review Council, First Edition, 2002, Volume Two.
3- Aghaee Toogh, Moslem, Financial Independence of the Judiciary, Tehran: Press and Publications Center of the Judiciary, First Edition, 2017.
4- Barzegar Khosravi, Mohammad and Hamed Nazemi, Feasibility of Studying the Judiciary Budget Independence, Looking at the Detailed Negotiations of the Constitution" published in the collection of articles on re-reading the judicial system of the Islamic Republic of Iran, Tehran: Imam Sadegh University, first edition, 2013.
5- Amid Zanjani, AbbasAli, Encyclopedia of Political Jurisprudence (including jurisprudential vocabulary and public law), Tehran: University of Tehran, Volume 2, First Edition, 2010.
6- Tabatabai Motameni, Manouchehr, Administrative Law, Tehran: Samt Publications, Fourteenth Edition, 2008.
7- Guardian Council Research Center, a collection of theories of the Guardian Council "Interpretation and Consultation on the Principles of the Constitution" including inquiries and warnings 1980-2009, Tehran: Vice President for Compilation, Revision and Publication of Laws and Regulations of the Vice President for Legal Affairs, Second Edition, 2010.
8- Varai, Javad, Foundations and Documentations of the Constitution as Narrated by the Legislator, Qom: Publications of the Secretariat of the Assembly of Experts of the Leadership, First Edition, 2006.
9- Vije, Mohammad Reza, Research Report on "Limits of Administrative and Employment Powers of the Head of the Judiciary According to Article 126 of the Constitution of the Islamic Republic of Iran", Tehran: Judiciary Research Institute, 2013.
B) Laws
1- The Constitution of the Islamic Republic of Iran.
2- Judicial General Policies approved in 2003.
3- Law of the Court of Audit the Court of Audit act 1982.
4- Law on Financial Regulations of the Guardian Council the Court of Audit act 1983.
5- The law Establishing the General Inspection Organization the Court of Audit act 1981.
6- Civil Service Management Law the Court of Audit act 2007.
7- The law of the Fifth-year Development Plan of the Islamic Republic of Iran the Court of Audit act 2010.

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History

  • Receive Date: 18 September 2019
  • Revise Date: 15 August 2020
  • Accept Date: 15 November 2020

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