جستجوی مقالات مرتبط با کلیدواژه « حل اختلاف قوا » در نشریات گروه « فقه و حقوق »

In the legal- political system of Iran, resolving dispute and regulation of the powers relations, especially on thirty five years of the Islamic Republic history that led into the revision and modification of the Constitution, is special and unique issue that derived from the power distribution type in governance system of this country. Disputes and conflict jurisdictions problems sometimes results in unprecedented disputations that indicates different explanations from law. In recent years, this problem, despite some apparently regards again brought back into the political arena, thus it seriously required to be redesigned and fixed. The Leader created "Supreme institution of resolving dispute and regulation of the threefold powers relation" in the political arena of country based on paragraph 7 of Article 110 of the Constitution, in culmination of disputes between the threefold powers. Research in this newly established institution and review of paragraph 7 of article 110 of the Constitution as basic system of the resolving dispute and regulation of the powers relations in Iran make the main subject in this essay.

The principle of separation of powers has been accepted by all political systems as a way to divide tasks between government institutions and good governance. However, due to the wide range of tasks and competencies of governmental powers, the regulatory mechanisms and methods are also provided which lead to better organize policies and promote harmonious relations between the powers of government and to prevent theoretical and practical conflicts in their competences. Besides these regulatory procedures, in case of dispute, legal systems according to their constitutional structures, have provided some institutions and mechanisms for dispute resolution between governmental bodies to prevent the occurrence or spread of tensions in the Country. In the legal system of Iran it is in the authority of the Supreme Leader to resolve disputes and regulate the relations of the three branches of the government under paragraph 7 of principle (110) of the constitution. Accordingly, he issued the verdict in August 2011 for establishment of the panel of dispute settlement and adjustment of the relations between three branches as an advisory body in order to play the above-mentioned role.