Document Type : Article
Authors
1 Ph.D. student of criminal law and criminology, Faculty of Law, Farabi College, Qom, Iran
2 PhD student of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3 Member of the Guardian Council Research Institute and PhD in Public Law, University of Tehran, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
According to Article 34 of the Constitution, everyone has the right to present their claims in court, and based on this right, the judiciary is assigned the task of hearing and ruling on claims in Article 156. In order to achieve a proper trial, the role of the Guardian Council as an interpreter of the Constitution is very important. In fact, the proper trial stipulated in the constitution is a desirable ideal, the achievement of which requires determining the criteria and requirements that the basic judge expresses during the review of the approvals. Based on this, the current research tries to answer the question that in the opinions of the Guardian Council, what are the requirements for the realization of a favorable trial? Using library data and analytical-descriptive method, the present study deals with extracting the necessary procedural requirements in three stages of judicial proceedings, i.e. "before issuing the verdict", "issuing the verdict" and "executing the verdict". The result of the research shows that the Guardian Council, while performing its duties, has implicitly and explicitly determined the guarantees and requirements of competent proceedings, and in many cases, it has considered the parliament's approvals to be contrary to the aforementioned standards.
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