Principles of normative authority of the head of the judiciary

Subject Areas :

keramat balaghi ¹ , gholamhosein masoud ² , mohammadkazem emadzadeh ³

1 - Najafabad Branch, Islamic Azad University, Najafabad
2 - Department of law, Najafabad Branch, Islamic Azad University, Najafabad, Iran(Corresponding Author
3 - Department of law, Najafabad Branch, Islamic Azad University, Najafabad

Received: 2018-04-24 Accepted : 2019-04-24 Published : 2019-05-22

Keywords: Normalization, judicial authorities, head of the judiciary, legal bases, religious foundations,

Abstract :

In the system of separation of powers, supervision over the proper implementation of laws is the responsibility of the judiciary that it takes adventage of a wide variety of the roles and responsibilities. the judiciary will meet its norm’s requirements through the provision of judicial bills and approval by the legislature. But with regard to specialized or minor needs, it adeguate itself competent to normalization the second level and has taken action while the legislature is the reference legislative and there is no specifying for the normative jurisdiction of the judiciary. In the research to identify the bases of ordinary qualifications by the head of the judiciary, we tried to base this competence as well as its limits in law and sharia with descriptive method and data collection were tried in the library method and it was found that such norms did not contradict sharia and law, the principles and principles of the law, including the separation of powers, the legal state, the hierarchy of norms, the principle of specialty and necessity, also confirm the prescription and strengthening of the normative authority of the head of the judiciary. Therefore, it was suggested that a specialized normative council be established in the judiciary and the limits of its authority and jurisdiction, together with the process of monitoring norms and the possibility of their evaluation, correction and revocation are specified in the law.