The brilliant vote of the 42nd branch of the Supreme Court in support of the right and freedom and proper attention to the principles and concepts of public law

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-Tuesday 2024/10/01 - 11:48
News Code:3184
«رای درخشان شعبه ۴٢ دیوان عالی کشور در حمایت از حق و آزادی و توجه صحیح به اصول و مفاهیم حقوق عمومی»

A note from Dr. Mohammad Jalali, a member of the Board of Directors of the Legal Science Association and a member of the Shahid Beheshti University faculty

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In recent days, especially after the events of the past months, society continues to yearn for rational actions within the framework of proper governance principles such as the rule of law, separation of powers, and attention to qualifications, and most importantly, the concern for human rights by the government and its related institutions. Occasionally seeing judicial rulings filled with these excellent points, presented in a documented and reasoned manner, is very refreshing and pleasant.

The recent ruling issued by the 42nd branch of the Supreme Court under Article 28 of the Civil Procedure Code regarding jurisdiction is a highly valuable example of such actions.

By studying this very strong ruling, it is observed that the honorable, knowledgeable, and concerned judges of this branch, with mastery over the literature and concepts and principles of public law, have beautifully defended the main and definitive boundaries of this field of law. They have not confined themselves to the destructive frameworks set by the government in the form of extralegal structures and self-imposed and self-proclaimed jurisdictions of some institutions. Instead, they have undertaken the defense of these principles with a precise and rights- and freedom-oriented perspective.

Studying this ruling and being aware of it, along with welcoming its content, is the least appreciation for the role of the honorable and dear judges who, despite all the hard and software problems, have not sat idly by. They have seized the opportunity to defend the severely attacked boundaries of rights and freedoms, as well as equality and justice, to the best of their ability. Wishing for more and more of such judges and seeing more of such brilliant decisions, I invite everyone to study this important and valuable ruling.

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