نوع مقاله : مقاله پژوهشی
استادیار دانشکده حقوق وعلوم انسانی, دانشگاه آزاد اسلامی شیراز, شیراز, ایران
عنوان مقاله [English]
The relationship between administrative justice court and duty of judges in principle 170 of constitution of the Islamic Republic of Iran
Principle 170 of constitution of the Islamic Republic of Iran obligates judges to do not execute the governmental regulations,and resolution that are against the acts and Islamic rules and or out of the scope of executive power’s authorities. The interpretation of the concepts and the cases that judges have authorities are the challenging subjects of the principle. In this article, the main question of the writer is that what is the relationship between duty of the judges in the principle and the jurisdiction of the Administrative justic court concerning the examination of complaints against governmental regulations? Or Can judges act by invoking to the mentioned principle after giving judgement of administrative court related to a governmental regulation? Hence,in this article, the concepts of the principle as well as the position of its exercising,and also the theory of the council of guardians about the concept of governmental regulations are reviewed. The writer has inferred that the authorities of judges mentioned in the principle are applicable until the administrative justice court do not set decide for them,and consequently the judges should obey the decision related to the governmental regulations taken by the administrative justice court.
Keywords: supervision of judges, supervision of administrative justice court,governmental regulations,Islamic law,jurists of guardian council