Abstract:
The following writing is a legal critique of one of the rulings issued by the General Board of the Administrative Justice Court regarding one of the resolutions of the Supreme Council of the Cultural Revolution. Before addressing the subject, it seems necessary to mention that this writing was composed in the year 1378, immediately after the issuance of the Court's ruling. Although a relatively long time has passed since then, the subject remains part of current discussions and its relevance has not diminished. Furthermore, the recent interpretation by the Guardian Council regarding one of the constitutional principles related to the present discussion has added to its timeliness. In addition, it should be noted that writing a 'critique' of the rulings of high judicial authorities—as is customary in countries with advanced legal systems and was also practiced to a small extent by some great jurists in Iran in the past—can itself play a prominent role in producing and nourishing legal literature. In fact, despite the dominance of a kind of lethargy and despair in our legal community, the mission of a true jurist is always to critique the existing situation within the framework of accepted principles in the hope of the reform and prosperity of society, rather than falling into the trap of politicians who change their colors every day. Therefore, as an example, even critiquing the decisions of certain unstable institutions can itself be considered an important duty. With the hope of moving in the direction of what is worthy of the authentic role of a true jurist, I dedicate the following text to all those worthy judges of the Administrative Justice Court who, despite all shortcomings, strive to achieve justice and implement law using well-known legal techniques in the world of law, and especially public law.
Machine summary:
This transformation, which was created as a result of the annulment of two resolutions issued by the Supreme Council of the Cultural Revolution, is in fact a new and dynamic look at sublime concepts in the field of public law: concepts such as the principle of separation of powers, independence of powers; the precise definition of law from both formal and substantive perspectives and its distinction from other governmental regulations; people's rights, explicitly stated in the Constitution such as the right to petition and seek redress from competent judicial authorities and the enjoyment of a fair trial, etc.
"5 It is interesting to know that the Supreme Council of the Cultural Revolution had approved and issued the resolution of the eighty-third session dated 11/6/1365 to prevent the violation of selection decisions and university disciplinary committees by authorities such as the Article 90 Commission of the Islamic Consultative Assembly, the General Inspection Office, and the Administrative Justice Court.
7" After a complaint was filed by several Iranian citizens requesting the annulment of the two aforementioned resolutions, the General Board of the Administrative Justice Court, in a principled action, drafted and issued its ruling as follows: "The Constitution of the Islamic Republic of Iran, by establishing the principle of separation and independence of the legislative, executive, and judicial powers from one another, has assigned the formulation of laws in general matters, as described in Articles 58 and 71, to the Islamic Consultative Assembly, and within the limits specified in Article 121, to the Expediency Discernment Council.
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