Analyzing the functionalism of public rights in Article 156 of the Constitution with methods identifying its cultural examples and designing a proportional guarantee mechanism

According to paragraph 2 of Article 156 of the Constitution of the Islamic Republic of Iran, "restoring public rights and expanding justice and legitimate freedoms" is one of the duties of the judiciary. Nevertheless, despite the fact that the independent mention of the said duty in a separate paragraph under the said principle means its equal value with other duties of the judiciary, for reasons such as the ambiguity of the terms and the importance and number of cases in the jurisdiction, in comparison with other clauses of the above-mentioned principle do not provide a significant executive mechanism for the aforementioned task. In this regard, the authors in the upcoming research with a critical approach and by using library sources and analysis of laws and regulations, while clarifying the terms and comparative conceptualization of public law and other similar concepts, conclude that despite the importance of the category First, the duty of the judiciary in relation to paragraph 2 of Article 156 of the Constitution, the revival of public rights, in comparison with other duties under the said principle, has been neglected and requires more effort, which will be explained in the following with a view to the general scope of the concept of public rights. It is possible to clearly identify its multiple examples and provide the possibility of guaranteeing it.