Obstacles to the Restoration of Public Rights in Iranian law and Strategies for its Proper Realization

Document Type : Original Article

Authors

1 Faculty Member of Judiciary Research Institute, Tehran, Iran.

2 Faculty Member of Maragheh University, Maragheh, Iran.

Abstract

In a legal system, the structure of public rights" is framed in terms of constitutional rights and is considered as the basis of public law. Paragraph 2 of the Article 156 of the Constitution refers to the restoration of public rights as the expression of the missions of the judiciary. Based on the content of the principles of the Constitution, the system of government is obliged to perform its duties in relation to public right in three phases: (1) Recognition and implementation; (2) restitution and fulfillment; (3) restoration and enforcement. Based on the practical procedure of the judicial system of the country, the third task has been assigned to the prosecutor, but despite the goals of the constitution in achieving the protection, compensation, and restoration of public rights, it is not very favorable at present; Therefore, the main issue of this research is why this legal duty of the judiciary is not fulfilled properly and what appropriate measures can be taken to solve this problem. To answer this question, in the present study, the obstacles to the realization of the restoration of public rights are discussed in detail and then the solutions for its desired realization are presented; the most important of which are: ambiguity in the concept and legal interpretations, inadequacies in the law, lack of attention to the issue of separation of supervision and litigation, executive problems and ambiguity in the operational or staffing of the Attorney General. Given the gap in the literature in this area and the importance of restoring public rights, the present study can be a valuable step towards enriching the constitutional rights and strengthening the judicial justice of our country.

Keywords

References

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Public Law Knowledge Quarterly
Volume 10, Issue 33 - Serial Number 33
October 2021
Pages 111-140

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History

  • Receive Date: 22 October 2020
  • Revise Date: 22 December 2020
  • Accept Date: 23 May 2021

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