The desirable position of the inspection organization and the role of people in supervision in Iran's legal system

Document Type : Original Article

Authors

1 PhD student in Public Law, Faculty of Humanities, Zahedan Islamic Azad University, Zahedan, Iran.

2 Assistant Professor, Department of Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University (AS), Tehran, Iran.

3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Sistan and Baluchistan, Zahedan, Iran.

10.48300/jlr.2024.431210.2521

Abstract

The fattening of the judicial branch has caused this branch to perform its inherent duty. In order for the judiciary to be able to deal with matters of justice easily, it requires agility. By outsourcing the non-judicial duties of this branch and its related institutions, dealing with matters of a judicial nature will be properly handled in this branch. Some of its affiliated institutions should be outsourced from the organizational chart of this authority in order to comply with the correct principle of administrative structure. According to the constitution, one of the institutions related to the judiciary is the Inspection Organization, which is responsible for supervising the executive bodies.In this article, the authors' question is that
"Where is the desired position of the organization in Iran's legal system and what is the role of the people in supervision?" The inspection organization is the supervisory arm of the judiciary, but since the supervision of this organization on the executive and administrative bodies also includes the judiciary, therefore the organization's supervision of the judiciary is reduced and becomes a hierarchical supervision. This is a problem for the legislative and executive powers if the inspection organization is placed under them. Therefore, the organization should be outsourced from the chart of the judiciary and added to the sub-group of leadership institutions, or the capacity of the private sector and public institutions should be optimally used based on the provisions contained in the judicial reform document.

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