Re-reading the Feasibility of “The Judiciary’s Budgetary Independence” Within the Framework of Iran’s Constitutional System

Document Type : Original Article

Authors

1 Ph.D. in jurisprudence and Islamic law, Theology and Islamic Sciences, University of Tehran (Farabi), Qom, Iran

2 Ph.D. in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

3 Ph.D. Student in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

Judicial independence is a complex and wide-ranging issue, the realization of which requires the preparation of appropriate contexts and comprehensive planning. One of the main issues in this area is the relationship between the independence of the judiciary and the financial and budgetary system above it. The present study, with the hypothesis, that "the idea of institutional independence of the judiciary fails regardless of the financial system and budgetary prevailing", makes it possible to improve the budgeting system of the judiciary within the framework of the constitutional system of the Islamic Republic of Iran. In this regard, the main issue of the article is based on the question that: "Can the theory of financial and budgetary independence of the judiciary be defended?" This question has been answered through the critique of various theories, by the theory known as: "relative competence of the government to change the proposed budget of the judiciary" that can ensure a favourable budgeting system for the judiciary and protect its independence from government pressures and threats with budgetary means, while being compatible with the principles of the Constitution, the procedure of the Guardian Council and the financial and budgetary laws and regulations of the country.

Keywords

References

  1. Ayeneh Negini ,Hussein (2019) , Pathology of the legal system of the Judiciary and providing a favorable legal model.
  2. Aghaei tough, moslem (2017), Financial independence of the judiciary, Tehran: Judiciary Research Institute.
  3. Aghaei tough, moslem (2013), Research Report on the Budget Status of the Judiciary in the Light of Constitutional Principles, Tehran: Judiciary Research Institute.
  4. Barzegar khosravi, Mohammad; Hamed Nezami (2013), Collection of Articles on Re-reading the Judicial System of the Islamic Republic of Iran: A Feasibility Study on the Budget Independence of the Judiciary with a Look at the Detailed Constitutional Negotiations, Tehran: Imam Sadegh University.
  5. Parvin, Kheirollah; Khademi, Maziar (2017), Budget and judiciary in the light of Iranian law with a comparative view, Judgment Quarterly, No. 92, 25-49.
  6. Khademi, Maziar (2017), Legal Framework and Structural Foundations of Judiciary Budgeting, Tehran: Top Researchers Publications.
  7. Khalaf rezaei, Hussein; Mansourian, Mostafa (2014), Research Report of Schools and Approaches to Constitutional Interpretation, Serial Number 13930024, Tehran: Guardian Council Research Institute.
  8. Dolatraftar Haghighi, Mohammadreza; Aghaei tough, moslem (2015), Duties and Powers of the President in the Islamic Republic of Iran, Tehran: Majd Publications.
  9. Rostami, Vali (2016), Public Finance, Tehran: Mizan Publishing.
  10. Detailed minutes of the deliberations of the Assembly The final review of the Constitution of the Islamic Republic of Iran (1985), Tehran: General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly.
  11. Abbasi, Ebrahim (2009), New Budgeting in Iran (Principles, Stages and Methods), Tehran: Samat Publications.
  12. Fallahzadeh, Mohammad; Partners(2012), Separation of Legislation and Execution; Analysis of the Boundaries of Legislative Jurisdiction in the Relationship between the Legislative and Executive Powers, Tehran: Guardian Council Research Center.
  13. Ghazi, Abolfazl (2004), Constitutional Law and Political Institutions, Tehran: Mizan Publishing, Ninth Edition.
  14. Weber, David (2020), Good Budget Research Report, More Efficient Judiciary; Modern budgeting for the judiciary, translated by Faezeh Ameri, Atieh Gibrani, Tehran: Judiciary Research Institute.
  15. Hashemi, Seyed Mohammad (2014), Constitutional Law of the Islamic Republic of Iran, Tehran: Mizan Publishing, 25th edition.

 

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History

  • Receive Date: 18 November 2020
  • Revise Date: 23 February 2021
  • Accept Date: 05 July 2021

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