A Legal Analysis of the Supervision of the Supreme Court on the President in Iranian Political System
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2013, Vol 6, Issue 8
Abstract
In dynamic system of checks and balances of various legal structures, three powers review each other aiming equilibrium. Although judiciary treats its influence on legislature and executive body through judgeship, its appraisal bears political counsel and discretion. In Islamic Republic of Iran legal system, with regard to Article 57 of the Constitution which is based on the theory of strict dominion of Supreme Leader, three main powers perform their legal obligations under his surveillance. Paragraph 10 of Article 110 of the Constitution has admitted one of his authorities which is the President dismissal, with due observation to the public interests, after Supreme Court holds him guilty of violation of his constitutional duties, or after an impeachment vote of the Islamic Consultative Assembly (Parliament) testifying to his incompetency on the basis of Article 89 of the Constitution. Iranian constitutional law lacks accurate regulations about examination procedure of Supreme Court review on president violations. This essay reflects nature of judicial review while surveys comparative studies. Political and religious legitimacy of Supreme Leader`s political counsel, mentioned in Clause 10 of Article 110 of the Constitution, will be proven. In conclusion, legal answers for ample and exact implementation of this Article will be recommended.
Authors and Affiliations
Meysam Musapour| Department of Law, Payame Noor University, PO box 19395-3697 Tehran, Iran, mmusapoor@yahoo.com, Rouhollah Khalaji| Payame Noor University, PO box 19395-3697 Tehran, Iran, email: lawyerkhalaji@hotmail.com
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