Public Law Studies Quarterly

The Requirements of Fair Trial Based on the Opinions of the Guardian Council

Document Type : Article

Authors

Ahmad Rahimi 1
Mohammad Sadegh Farahani 2
Ali Fatahi Zafarkandi 3

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

https://doi.org/10.22059/jplsq.2023.357558.3297
Abstract
According to article 34 of the [Iranian] Constitution, everyone has the right to bring their claims before a court of law, and based on this right, the judiciary is tasked with examining and judging claims under article 156 of the constitution. To achieve a fair trial, the role of the Guardian Council as the interpreter of the Constitution is of great importance. In fact, the fair trial concept in the constitution is an ideal that requires the determination of standards that the constitutional judge expresses during the examination of legislative approvals. Accordingly, this research seeks to answer the question: what are the  requirements for achieving an optimal fair trial according to the opinions of the Guardian Council? This study, using library data and an analytical-descriptive method, aims to identify the requirements of an optimal trial in three stages of judicial proceedings: 'before the judgment is issued,' 'issuing the judgment,' and 'executing the judgment.' The research concludes that the Guardian Council has implicitly and explicitly determined the guarantees and requirements for a fair trial and has deemed the legislative approvals of the Majlis incompatible with these standards in several instances.

Keywords

execution of judgment
‎competent proceedings
‎proceedings
Guardian ‎Council
issuance of ‎judgment.‎
Subjects

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Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
Autumn 2024
Pages 2417-2439

  • Receive Date 11 April 2023
  • Revise Date 28 May 2023
  • Accept Date 11 September 2023

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