Concept, challenges and strategies for restoring public rights by the National Inspection Organization

Articles in Press

Document Type : Original Article

Authors

1 Assistant professor of the Department of Public and International Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

2 M.A. in Supervision and Inspection Management, University of Judicial Sciences and Administrative Services, Tehran, Iran.

10.48300/jlr.2024.424161.2490

Abstract

In the second paragraph of Article 156 of the Constitution, the revival of public rights and the expansion of justice and legitimate freedoms are mentioned among the duties of the judiciary. But more than four decades after the adoption of the Constitution, in the codified laws, the concept and mechanisms of realization of public rights, the responsible authorities in this field and its challenges have not been determined and explained. Despite the fact that doctrines deal with concept and obstacles of revival of public rights, but does not address the relationship between the National Inspection Organization and the revival of public rights, its challenges and solutions. The purpose of this study is to address this issue. The research indicates that the second paragraph of Article 156 should be set as "implementation and expansion of justice through guaranteeing public interests and rights-citizens" and And the inspection organization should perform its duties under the supervision of the leadership (as the supervisory authority of all public organisations), and the 90th Principle Commission and the Court of Accounts should be integrated and organized in this organization. In this case, both active and comprehensive supervision and inspection will be achieved, and parallel work will be eliminated and public rights will be better provided.but this requires a review of the principles of the Constitution, including Article 174; However, in the current situation, the inspection organization should focus on addressing internal (soft) and external (hard) challenges to achieve the goal of revitalizing public rights.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 02 March 2024

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