Document Type : Original Article
Authors
1
PhD Student in Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
2
Assistant Professor, Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3
Department of Public Law, College of Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
Abstract
Constitutional hearings, based on the constitutional superiority of other laws and the need to safeguard fundamental citizenship against government interference, are based on delegating affairs to political, judicial, administrative, and even legal institutions. In this descriptive-analytical research, the main question of this research is what are the differences and similarities between the basic justice system in Iranian and German law? The hypothesis of the present study is that besides similarities such as the rule of prohibition of employment of members of the basic judicial bodies, in other areas such as the structure and structure of these institutions, the irregularity of their decisions, the necessity of their publication in the official gazette considerable differences There is. The findings of the present study also suggest that, first, other powers of law enforcement, including the Expediency Council, should be delegated to the Guardian Council. Secondly, the term of membership of the Council, such as the German Constitutional Court, should be extended for a period. Thirdly, the decisions and decisions of the Guardian Council are purely substantive and are not, like the German Constitutional Court, a temporary order; therefore, the composition of the Guardian Council must be changed so that, like the German Constitutional Court, the possibility of membership Provide Supreme Court justices.
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