Document Type : Original Article
Authors
1
1- PhD student in Public Law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2
Assistant Professor of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran and Department of Law and Political Science, Qom University, Iran
3
Associate Professor,law department,, University of Isfahan, Isfahan,Iran.
Abstract
The ingenuity of the constitutional legislature has led him to envision one of the most important missions of the judiciary, "the restoration of public rights and the promotion of justice and legitimate liberties." On this basis, the judiciary cannot sit idly by to squander rights. And then try to realize and enforce public rights! Rather, beyond that is the role of the judiciary in reviving and upholding the rights of the people; That is, even before the current act or omission that results in the violation or termination of public rights, the judiciary restores and restores these rights, for example, having clean air is one of the sub-branches of the right to enjoy the environment. It is healthy living, which is implicitly addressed in the constitution. The executive bodies (Environmental Protection Organization, relevant ministries, supervisory bodies, industry, production, etc.) have a duty to be bound by this public right. In case of violation of this right, a bed should be provided according to the defined legal mechanism so that the suspects and the victims can claim their right and the judiciary should act in the position of realizing the right and enforcing these rights; Of course, it should be borne in mind that mainly such social issues do not have or do not want a private plaintiff, and this is where the issue goes beyond the realization and resignation that the legislator has considered the issue of revival and settlement.
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