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بایسته های دادرسی شایسته مبتنی بر نظرهای شورای نگهبان.

Authors :
احمدرحیمی
محمد صادق فراهان
علی فتاحی زفرقند
Source :
Public Law Studies Quarterly; Winter2025, Vol. 54 Issue 4, p2417-2439, 23p
Publication Year :
2025

Abstract

According to article 34 of the [Iranian] Constitution, everyone has the right to bring their claims before a court of law, and based on this right, the judiciary is tasked with examining and judging claims under article 156 of the constitution. To achieve a fair trial, the role of the Guardian Council as the interpreter of the Constitution is of great importance. In fact, the fair trial concept in the constitution is an ideal that requires the determination of standards that the constitutional judge expresses during the examination of legislative approvals. Accordingly, this research seeks to answer the question: what are the requirements for achieving an optimal fair trial according to the opinions of the Guardian Council? This study, using library data and an analytical-descriptive method, aims to identify the requirements of an optimal trial in three stages of judicial proceedings: 'before the judgment is issued,' 'issuing the judgment,' and 'executing the judgment.' The research concludes that the Guardian Council has implicitly and explicitly determined the guarantees and requirements for a fair trial and has deemed the legislative approvals of the Majlis incompatible with these standards in several instances. [ABSTRACT FROM AUTHOR]

Details

Language :
Persian
ISSN :
24238120
Volume :
54
Issue :
4
Database :
Complementary Index
Journal :
Public Law Studies Quarterly
Publication Type :
Academic Journal
Accession number :
181899108
Full Text :
https://doi.org/10.22059/JPLSQ.2023.357558.3297