نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق بین الملل عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران.
2 استادیار، گروه معارف اهلالبیت(ع)، دانشکده الهیات و معارف اهلالبیت (ع)، دانشگاه اصفهان، اصفهان، ایران.
کلیدواژهها
عنوان مقاله English
نویسندگان English
Given the increasing number of executive institutions and the increasing complexity of relationships between different governmental units, the emergence of intra-governmental disputes is invariable. Referring these disputes to judicial authorities, including the judiciary, is usually a long, costly process that requires specific legal expertise. A thing not consistent with the need for coherent cooperation between different parts of the government in the direction of effective management of public affairs. For this reason, governments are always seeking to use domestic, non-judicial, and less costly mechanisms to resolve disputes before resorting to formal courts. In the law of the Islamic Republic of Iran, Article 134 of the Constitution grants the authority to handle disputes between executive institutions to the Council of Ministers. Following this ruling, the government has enacted numerous and diverse regulations in the form of regulations since 1979 to regulate these types of disputes. Regulations that have in some cases been the subject of conflict and debate with the general jurisdiction of the judiciary under Article 159 of the Constitution. A similar mechanism is seen in the South African legal system. According to the country's Intergovernmental Relations Framework Law, administrative disputes must first be resolved within the governmental structure and through methods set forth in the law, and only if these methods were ineffective or the dispute was officially declared, it is possible to refer to a judicial tribunal. This article, by reviewing the historical development of these procedures, examining the interpretive foundations of the constitutions of the two countries, and conducting a comparative analysis of existing mechanisms, evaluates the strengths and weaknesses of each system, and finally proposes solutions to improve the efficiency of the process of resolving intragovernmental disputes.
کلیدواژهها English
