جستجوی مقالات مرتبط با کلیدواژه « اصل چهارم » در نشریات گروه « فقه و حقوق »

By accepting the regulatory authority for the head of the judiciary, monitoring the regulations approved by that authority is one of the ambiguities of the Islamic Republic of Iran’s legal system. In this context, one of the most important types of regulation supervision is the religious supervision of the Guardian Council’s jurists, which is the main topic of this research. Therefore, this research, in a descriptive-analytical format, sought to answer the main question which is: “what are the challenges faced by the religious supervision of the Guardian Council’s jurists on the regulations approved by the head of the judiciary in terms of the possibility and method of implementation?” The findings of this research confirm that by referring to the general competence stipulated in principle 4 and paying attention to the foundations of religious supervision while realizing the requirements of the normative hierarchy, to maximize the protection of the rights of the judiciary’s employees as well as citizens, it is necessary to apply Sharia supervision to the regulations approved by the head of the judiciary. However, due to the fact that the regulations approved by the Head of the Judiciary are excluded from the jurisdiction of the General Board of the Administrative Court of Justice, the non-systematic application of direct religious supervision by the jurists of the Guardian Council, and the incompatibility of the religious supervision of the Guardian Council’s jurists on such regulations with the practical requirements of that council, are the challenges ahead of the application of this supervision.