نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری، گروه حقوق عمومی، مرکز پژوهشهای مجلس شورای اسلامی، تهران، ایران
2 کارشناسی ارشد، حقوق عمومی، ادارهکل حقوقی و قوانین شورای نگهبان، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The current research is on emphasizing the principle of the rule of law, embedded three components of legality, equality and judicial independence, has carried out with the aim of expressing some aspects of the law to promote the health of the administrative system and fight against corruption, moreover, to achieve a comprehensive and all-inclusive law, in order to fill the gaps, the existing one should be reformed and finally a comprehensive and effective law will be approved. The main question of the research is to what extent the legislator has paid attention to the rule of law to promote administrative health and fight against corruption, and how the law is hired to improve the health of the administrative system and fight against corruption respecting the rule of law. The research method was descriptive-analytical and the results depicts that the relationship between administrative health and the rule of law is that in a healthy administrative system, rules and regulations prevail and their violations never, or rarely happens; while in the case of administrative corruption, violation of the law, discrimination and inequality occur. To some extent, the components of the rule of law have been addressed in reforms and amendments, but there are several ambiguities & gaps resolved with the necessary amendments in the law. For example, in Article (5) aforesaid which enumerates the exclusions and exceptions of the subject of the law, to exemplify, it is not clear what crimes the clause refers to. Thus, the principle of legality requires to be fully& restrictively specified. In Article (6) respectively, the principle of judicial independence has been ruined, because decision-making and the case of judgment have been entrusted to a board not having the necessary competence for handling the task, in addition, most of the individuals present in the board combination are from the executive branch, who do not have the mere authority to judge.
کلیدواژهها [English]
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