Feasibility of establishing an executive regulation by the head of the judiciary and the challenges of its implementation

Articles in Press

Document Type : Original Article

Authors

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

2 Islamic Law and Education, Faculty of Law, Imam Sadiq University (peace be upon him), Tehran, Iran

3 Member of the Guardian Council Research Institute

10.22034/qjplk.2025.2029.1822

Abstract

Abstract
Although according to Article 138 of the Constitution, regulation by the Cabinet of Ministers or any of the ministers or commissions consisting of several ministers is recognized, but the Guardian Council in its interpretive opinion No. 109029 dated 25/9/2013 in response to the inquiry of the then President and in The interpretation authority of Article 138 of the Constitution has commented on the permissibility of issuing regulations by the head of the judiciary. The main mission of this research is to examine the possibility of issuing an executive regulation by the head of the judiciary and whether or not it is binding for the executive branch and other institutions and the challenges of its implementation. Examining this issue with a descriptive-analytical method and using library data, shows the existence of two main views: "the absolute prohibition of executive regulations by the head of the judiciary" and "the possibility of establishing regulations subject to non-interference in the affairs of other powers" It has two approaches of "binding" and "non-binding" of these regulations for other forces. Accepting the latter point of view has challenges such as the competent authority in amending or canceling these bylaws, possible conflict with the bylaws approved by other authorities, and the accountability of its addressee employees.

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Public Law Knowledge Quarterly

Articles in Press, Accepted Manuscript
Available Online from 08 July 2025

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History

  • Receive Date: 14 July 2024
  • Revise Date: 22 September 2024
  • Accept Date: 08 July 2025

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