Abstract:
In the second paragraph of Article 156 of the Constitution, the revival of public rights and the expansion of justice and legitimate freedoms are mentioned among the duties of the judiciary. But more than four decades after the adoption of the Constitution, in the codified laws, the concept and mechanisms of realization of public rights, the responsible authorities in this field and its challenges have not been determined and explained. Despite the fact that doctrines deal with concept and obstacles of revival of public rights, but does not address the relationship between the National Inspection Organization and the revival of public rights, its challenges and solutions. The purpose of this study is to address this issue. The research indicates that the second paragraph of Article 156 should be set as "implementation and expansion of justice through guaranteeing public interests and rights-citizens" and And the inspection organization should perform its duties under the supervision of the leadership (as the supervisory authority of all public organisations), and the 90th Principle Commission and the Court of Accounts should be integrated and organized in this organization. In this case, both active and comprehensive supervision and inspection will be achieved, and parallel work will be eliminated and public rights will be better provided.but this requires a review of the principles of the Constitution, including Article 174; However, in the current situation, the inspection organization should focus on addressing internal (soft) and external (hard) challenges to achieve the goal of revitalizing public rights.
Machine summary:
358 Journal of Legal Researches, Volume 24, Number 61, Spring 2025 Introduction According to Article 174 of the Constitution of the Islamic Republic of Iran and based on the supervisory authority of the Judiciary over the proper flow of affairs and the correct implementation of laws in administrative bodies, an organization named "General Inspection Organization of the Country" is formed under the supervision of the Head of the Judiciary.
According to Article 4 of the Executive Regulations of the Law on the Formation of the Inspection Organization, and in clauses "a" and "b" thereof, the proper flow of affairs and correct implementation of laws and the identification of administrative and financial corruption, the manner of performance and behavior of officials in terms of management principles, use of resources, creating transformation and employing new technologies to accelerate and facilitate affairs, as well as correctness of action, good reputation, discipline, responsibility, accountability, observance of people's rights, professional ethics, and Islamic affairs, are among the points whose observance leads to the preservation of public rights and must be considered in institutions.
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