نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
A desirable or efficient judicial system must always seek to extract and apply new achievements and create changes in the existing judicial system. According to Article (156) of the Constitution of the Islamic Republic of Iran, the judiciary is an independent branch; that is, the efficiency, scope of duties, and competencies of that branch have specific boundaries and limits. Accordingly, the competencies of this branch include supporting individual rights (such as freedom of speech, freedom of movement, the right to education and training, freedom of thought and writing, freedom of art, etc.), supporting social rights (such as freedom of assembly and demonstration, freedom to form political parties and groups, the right to a healthy environment, etc.), and providing justice to all members of society. In this regard, five main functions for the judiciary are stated under Article (156). However, attention to the judiciary's jurisdiction to administer justice has been neglected in practice and no specific interpretation has been provided. This is despite the fact that the purpose of the judiciary is to achieve justice in litigation and compensate for unjust discrimination resulting from crime, and ignoring the jurisdiction to administer justice causes the judicial system to fail to function optimally in line with the Constitution and Sharia standards. For this purpose, the question of the article is "What is the justice orientation of the desirable jurisdictions of the judicial system within the framework of the intellectual system of His Holiness Ayatollah Khamenei?" This research, using a descriptive-analytical method, is trying to extract the characteristics and requirements of the justice-oriented interpretation of the jurisdictions of the judicial system, relying on the intellectual system of His Holiness Ayatollah Khamenei. According to the studies conducted based on his guidelines, the characteristics of justice orientation in the jurisdiction of the judicial system are focused on combating corruption, eliminating unjust discrimination, and focusing on preventive strategies. In line with the aforementioned characteristics, the requirements of independence, impartiality, and attention to public opinion and the role of the people in the judicial process can bring to the fore a just interpretation of the jurisdiction of the desired judicial system
کلیدواژهها English