Document Type : Academicm and Research

Authors

• Alireza Dabirnia ¹
• Ruhollah akrami ²
• Ehsan Movahedipoor ³

¹ Associate Professor

² Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qo

³ PhD Candidate, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

The constitution is the product and legal-political fruit of the power of the founder in any country; Consequently, the judiciary, as a part of the public power, derives its authority and validity from the constitution. The inherent function of the judicial system of any political system is to guarantee and protect the rights and freedoms of citizens and to fulfill justice. which is accepted and proven in terms of the political and legal foundations of the modern era. In modern political systems, there is the capacity that with the establishment of the public law system, an important part of the effects of the representative system, which is self-emanating and in line with the founding power of the people, will also be extended to the judicial sector. The main question of this research revolves around the proposition that judicial power in the framework of modern public law is based on what theoretical foundations? The purpose of this research is to examine the theoretical foundations governing modern public law, and analyze their connection and relationship with the general power of the judiciary in two general parts. The main achievement of the research is establishing and applying judicial power on the basis of public law.

Keywords

• Modern public law
• power
• judiciary
• constituent power
• representative system
• separation of powers

Main Subjects

• Legal (Comparative Islamic and Western Law)