Study Power of Supreme Leader in Iran Judicial System


  •  Abdollah Habibi    
  •  Seyed Hossein Al Taha    
  •  Rahim Sayah    

Abstract

After the Islamic Revolution, the issue of the powers of the supreme leader was only considered in terms of scientific attention. However, the importance of this issue was more obvious, when was brought from the scientific scope to the practice scope. Should adopt religious support of these principles in the Constitution of the Islamic sources, especially traditions, with the Islamic Revolution and the rule of the supreme leader at the helm of the Islamic Republic of Iran and his authority in the Constitution. In addition, investigate the opinions of jurists, especially those who opposed or believed to limitations in supreme leader’s authority to come closer to what is right. In this study, two titles of supreme leader authority and judgment included, that both have high importance In Shi'a jurisprudence.

Certainly, there are differences in the powers of the Plenipotentiary, and this case flows in the exercising sovereignty towards the general judicial policies. Since the judges permitted by Plenipotentiary, and in most cases are not religious jurisprudence, so the position and value of judgments rendered by them are evaluated, and even religious jurisprudential judges and above all Head of the Judiciary, all in the application of laws are obliged to comply with the Plenipotentiary. The main goals of this thesis are studying the power of plenipotentiary within the scope of form rules and establishing special courts and the substantive rules as retribution, amnesty and repent, that all show the extent of the powers of the Plenipotentiary in the judicial system. Judgments rendered can be very efficient, especially in cases of conflict between judgments rendered and his ratings and comments in the benefit observance of society and Islam.


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