Document Type : Article
Author
Assistant Professor, Department of Criminal Law and Criminology, faculty of law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
Supplementary jurisdiction is a concept that was recognized for the first time in Article 1 of the Statute of the International Criminal Court and in the ratio of the jurisdiction of the said court in relation to the jurisdiction of the national courts, meaning that the said court has the jurisdiction to deal with the crimes that are the subject of the statute only if the domestic courts, They do not have the ability or action or unacceptable desire to deal with the issue.
Intrinsic competence also refers to the legal competence of an institution. According to the letter dated 11/03/2013, the authority of the Supreme Leader of the Guardian Council to review the resolutions of the Parliament in terms of contradiction or non-compliance with the general policies of the system, in the event that the Expediency Determination Assembly does not carry out the said discretionary supervision and on the other hand, according to With its inherent and legal duty, the Guardian Council also has the objective duty of supervising the general policies of the system. With a new approach to the nature of general policies and by removing the concept of complementary authority and also explaining the inherent duty of the Council in order to systematize the process of discretionary supervision between the Council and the Assembly, the author has reached the conclusion that the Guardian Council in monitoring general policies has both Competence is complementary and essential. The research method is descriptive-analytical and data collection is library.
Keywords
- general policies of the system
- Guardian Council
- supplementary authority of the Guardian Council
- intrinsic authority of the Guardian Council.
Main Subjects
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