The relationship between the Article 90 Commission and judicial independence

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Yasouj Branch, Islamic Azad University, Yasouj, Iran.

2 Faculty member of Law Department, Yasuj Branch, Islamic Azad University, Yasuj, Iran (Corresponding Author).

10.30510/psi.2022.290902.1839

Abstract

Principle 90 can be considered as the most explicit legal principle in explaining the oversight position of the Islamic Consultative Assembly over other powers. Although the representatives of the nation in the House of Nation have various tools to carry out their oversight function, the exercise of the function entrusted to the parliament in principle ninety required a special mechanism that the parliament used to perform this serious task; a commission called the ninety principle commission It was the constitution whose main activity was focused on the implementation of this principle. Judiciary officials, citing the principle of independence of powers (Article 57 of the Constitution) and re-emphasizing the independence of the judiciary in Article 156, asked the Commission to explain the principle to the judge and The cause of judicial decisions is prohibited. But the reality of the constitution is that the opinion and interpretation of the commission is the oversight of the work of the judge by the parliament. They believe that the parliament is the manifestation of the will of the nation, and that this oversight is undoubtedly the most disinterested and purest kind of oversight, and not only does it not contradict the independence of the judge, but the judiciary can benefit from it and be proud of Modify their structure.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 1786-1797

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