The Potentials of Public Interests Litigations in Restoring Public Rights; A Comparative Case Study

Document Type : Academicm and Research

Authors

1 Professor, Faculty of Law and Political Science, University of Tehran, Tehran,

2 Ph.D. Student of Public Law, Faculty of Law and Political Science, University of Tehran.

10.22091/csiw.2022.8223.2280

Abstract

Public interest includes affairs that are beneficial to the people en masse. Building on the the right of every individual to file lawsuits as well as non-governmental organizations to do so on behalf of the people, public interest litigations play an important role in fulfilling justice and actualizing the rights of the public which might have been disregarded due to poverty, disabilities, illiteracy, negligence, etc. Consistent with Art. 156 of the Iranian Constitution (hereinafter the Constitution), the Judiciary Branch is held accountable for maintaining justice in the society. Paragraph (2) of the Art. exclusively stipulates that the very task of restoring public rights- which itself precipitates the restoration of justice- is entrusted with this branch. The Guidelines on the Supervision and Pursuit of Public Rights- developed based on Art. 156 of the Constitution- has specifically made the prosecuting attorney liable for the restoration of public rights. However, it has not so far been fulfilled properly mainly due to the many onerous supervisory and judicial responsibilities the prosecuting attorney is entrusted with. It, therefore, behooves the Legislature to formally acknowledge public interest litigation and the potential it carries in restoring public rights- and in effect social justice. Recruiting a descriptive-analytical method, the researchers have examined the body of laws and regulations in the Iranian as well as some foreign legal systems. It is concluded that the right of the individuals in filing public interest lawsuits has not been identified in the Iranian legal system which, it is recommended, shall be reconsideredt.

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References

  1. 1. Aghaei Touq Moslem, (1400, Azar month), "Restoration of individual rights as the restoration of public rights", a speech presented at the conference on the restoration of public rights; Guarantor of public trust, Isfahan Constitutional Rights Association

    1. Akbari Faizabadi Ali, Gholam Abbas Turki and Morteza Naji Zavareh, 2015, "Comparative study of public interest in Iranian and English law", Iranian and International Comparative Legal Research Quarterly, 9th year, 34th issue
    2. Ansari Ali, 2018, revitalization of public law in the light of doctrine and judicial decisions with emphasis on the duties and powers of the prosecutor's office, public law master's thesis, supervisor Iraj Hosseini Sadrabadi, field of public law, University of Judicial Sciences and Administrative Services
    3. Ranjbar, Ahmad, 2017, "Proof of benefit in public law litigation", Administrative Law Quarterly, Year 5, Number 14
    4. Sobhani Niya Mohammad, 1388, "The Way and Custom of Responsible Life", Islamic Education Journal, No. 76
    5. Salimi Abdul Hakim, 1384, "Structures to provide justice", book review, number 37
    6. Shujaei Abdul Saeed, Ghasemi Gholamali and Mohebbi Davoud, 1401, "Analysis of legal institutions of public law and public rights from the perspective of Islamic and Western thinkers", Comparative Research Quarterly of Islamic and Western Law
    7. Mohseni Hassan, 2018, "interest in lawsuits, a study of the legal doctrine and judicial practice of Iran and France", Journal of Legal Studies, 11th volume, 1st issue
    8. Mansourian, Nasser Ali and Shibani Adel, 2015, "The concept of public interest and its in legislation", bi-quarterly journal of judicial law perspectives, numbers 75 and 76
    9. Noghre kar Mohammad Saleh, 2008, the role of the prosecutor in the protection of public rights, Tehran: Jangal Publications

     

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