Akhlāq-i zīstī i.e., Bioethics Journal

Abstract

Background and Aim: corresponding to the second paragraph in act 156 of the constitution, one of the duties of judicature is the revitalization of the public rights and expansion of the legitimate freedoms and justice; this issue has also been taken into account in the citizenship rights’ charter, passed in 2016. The present article aims at the pathological study of the extant structure of the judicature, particularly the suing authority, in regard of the guaranteeing of the public rights in interaction with the executive and legislative branches as well as the exploration of the foresaid branches’ supervisory and safeguarding roles in the actualization of the citizenship rights and also investigation of the challenges in the face of the suing institution; meanwhile recounting the examples of the public rights and exploring the similar and related professional institutes along with paying attention to the past history of the litigating institution in Iran, the legislative, interactional and structural shortcomings of the corresponding organs can be made up and, simultaneously, an Islamic governance model in proportion to the country’s expediencies can be designed through taking advantage of the constitution’s capacities. 

Materials and Methods: this study has been conducted using a descriptive-analytical method and based on library research and taking notes from the relevant books and articles with the consideration of the charter of the constitution’s citizenship rights, especially the second paragraph of act 156.

Findings: considering the fact that the actualization of the citizenship rights has shifted towards such a necessity as the application of the extant legal capacities along with the more exploration in line with defining, safeguarding and guaranteeing the public rights, the related regulations should be accordingly suggested and supplemented via formative and substantive discourse-making. It is worth mentioning that in case of realizing the judicature and, specifically, the suing authority, as being responsible for guaranteeing the public rights and citizenship rights corresponding to the constitution and the penal trial procedures, it has to be stated that the intention of such public interests and their examples have not been clearly explored, defined and considered.

Conclusion: therefore, after determining the duties and frameworks on the grounds of law and correctly perceiving the legislator’s goals and specifying the limits of the duties to be shouldered by the executive branch, judicature and legislature in the constitution and the citizenship rights’ charter and even the corresponding people-driven organizations, measures should be taken for building discourse and making culture in line with investigating the requirements and guarantees of the public rights and citizenship rights but we are still in the beginning of the actualization of this important goal.

Please cite this article as: Bahramian M, Dashti A, Parvin KH, Alavi P. Exploring the Guarantees of the Public Rights with a Glance at Citizenship Rights and Position of the Suing Authority. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 143-156.