Reflection on the Effects of the Judicial Competence of the Head of Judiciary in the Light of its Recognition within the Act on the Organization and Procedure of the Administrative Justice Court

Due to the high importance of anticipating a competence in the legal system, paying attention to special principles in its designation and realization is also of extra importance. The judicial system of Iran besides various administrative and executive competences has anticipated the judicial competence for the head of judiciary. The purpose of this paper, while clarifying the orientation of the legislator in expressing the judicial competence of the head of judiciary is to state the effects of such competence in accordance with the Act on the Organization and Procedure of the Administrative Justice Court. The results indicate that not only the orientation of the aforesaid law doesn’t pave the way for such an issue, but also it is inconsistent with the principles and legal rules. Besides, the procedure anticipated for the emergence of judicial competence of the head of judiciary contradicts with judicial principles like res judicata or claim preclusion and independence of judges. This is also disharmonic with judicial interests due to the vast amount of judicial files in the Judiciary.