A question from Ayatollah Dr. Raisi, the president's jurist and jurist

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-Monday 2024/10/07 - 17:08
News Code:3812
سوال از آیت الله دکتر رییسی رییس جمهور فقیه و حقوقدان

and Mr. Mohammad Dehghan, legal assistant and lawyer of the president

Mohammad Dehghan, the legal deputy of the president, said: the court of justice has no jurisdiction / the president's authority to appoint deputies is in accordance with the constitution / the president's ruling is neither a statute nor a circular that the general assembly can overturn.

Based on the many powers granted to him in the constitution, the president can choose any person from inside or outside the government as his deputy.

The president is directly responsible for the country's program and budget affairs and administrative and employment affairs and can delegate their management to someone else.

On the assumption that we accept the argument of the Court of Administrative Justice regarding the legal prohibition of Mr. Latifi's assignment from the university to the government, the court can only express an opinion about this assignment, and based on the law on annulment of the president's order, it is not considered one of the jurisdictions of the court.

The General Board of the Court of Administrative Justice declared the appointment of Maysam Latifi as the vice president and head of the country's administrative and employment organization illegal.

Now, a question for the president and his deputy jurist:

The General Board of the Administrative Court of Justice composed of all the presidents and advisers of the court voted to annul the President's ruling and this decision, which was accompanied by the explanation of the head of the Administrative Court of Justice in the meeting of the judicial officers, was accompanied by the comments of even the judges of the branches, who do not have the right to comment in the new law. . And Mustafa's explanation was the representative of the government; For all judicial and administrative authorities, even in similar cases, it is mandatory to obey and this ruling is final.

First question: Can you tell me clearly, based on which law, the Administrative Court of Justice and its general board did not have the right to interfere? Are the cases of non-interference and prohibition of court proceedings not included in the law?

Second question: How can the decision of the general board of the Administrative Justice Court be changed? Under normal circumstances, is the final decision objectionable?

Question 3: Except for the extra-legal intervention of Ayatollah Khamenei in compliance with Article 57 of the Constitution and the absolute authority of the state in a way that confirms the unlawful actions of the head of state, or other extraordinary methods, perhaps through the head of the judiciary or the interpretation of the constitution by the Guardian Council, or Is it possible to change the decision of the general board of the Administrative Court of Justice after the law is approved by the Parliament?

We have to be patient and see if the Administrative Court of Justice will notify the government of the execution of the judgments by mentioning the punishment for disobeying the judicial order, or will the majority of the judges of the court deviate from their decision with the reference of higher authorities?

Abdollah Abdi

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