Public Law Studies Quarterly

An Analysis of the Challenges in Protecting Citizens' Rights in Iran: A ‎Case Study of the Judiciary Institution

Document Type : Article

Authors

Mojtaba Shafiei Alavija 1
seyed Mohsen Mirhosseini 2
Mohammad Kazem Emadzadeh 3

1 Ph.D. Student in Law, Yazd Branch, Islamic Azad University, Yazd, Iran

2 Assistant Prof., Department of Political Science, Faculty of Law and Political Science, Yazd University, Yazd, Iran

3 Associate Prof., Department of Law, Faculty of Administrative Sciences and Economics, of Isfahan University, Iran

https://doi.org/10.22059/jplsq.2023.355818.3274
Abstract
The importance of protecting citizens' rights within the political system of the Islamic Republic is such that it is reflected in all higher and lower-level documents. The Judiciary is responsible for supporting and enforcing justice and safeguarding citizens' rights based on Articles 156 and 169 of the Constitution. However, the question arises: what challenges does this institution face in fulfilling its fundamental duties as outlined in the Constitution? This research, using a descriptive-analytical method, shows that the Judiciary encounters challenges such as the existence of certain new concepts and instances regarding human dignity, negligence and lack of participation from other branches regarding their responsibilities, lack of financial independence of the Judiciary, the volume of incoming cases and prolonged litigation, conflicts in judicial decisions, inadequate communication between the three branches of government, insufficient interaction between the Judiciary and the Executive in the realm of criminal policy, lack of comprehensiveness and clarity in laws concerning public rights and freedoms, and ambiguities in the concepts of rights, duties, and citizenship.

Keywords

judiciary power
public ‎law
legitimate freedom
‎constitutional law
civil ‎laws.‎
Subjects

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Public Law Studies Quarterly
Volume 55, Issue 1 - Serial Number 41
Spring 2025
Spring 2025
Pages 539-566

  • Receive Date 03 March 2023
  • Revise Date 01 July 2023
  • Accept Date 10 September 2023

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