A Reflection on the Judicial Competence of the Head of the Judiciary;With Special Reference to Article 477 of the Criminal Procedure Code

After passing the amendment of Article 157 of the Constitution in 1989 and designating one person as the head of the judiciary (instead of the Council of Judiciary), one important challenge was the judicial competence of the head of the judiciary which had proponents and opponents at the time. However after passing Article 157 the Consultative Assembly passed laws that accredited the judicial competence of the head of the judiciary. This approach led to the passing of Article 477 of the Criminal Procedure Code. By studying the negotiations of the constitutional council. This paper aims to find the intention of the constitutional legislator about the existence or lack thereof the judicial competence of the head of the judiciary and then, process the laws passed by the Consultative Assembly in the light of the approach of the Constitution in order to evaluate Article 477 of the Criminal Procedure Code as the lastest law on the competence of the the head of the judiciary. Based  on the legislative process and comments by the Guardian Council we concluded that despite the lack of the judicial competence of the head of the judiciary in Constitution, the Consultative Assembly contrary to text and spirit of Constitution and without functional justification, gave judicial competence to the head of the judiciary.