Document Type : Original Article

Author

• Kian Biglarbeigi

MSc. student of International Law, Shahid Beheshti University, Tehran, Iran.

Abstract

Individual and social rights and freedoms have always been one of the issues that the rulers, due to the extent of their powers and rights, seek to limit the scope of freedoms and thus violate the rights of the people. The structure of the public law in a legal system is formed in the form of the constitution and is considered as the basis of public law. In this regard, the Constitution of the Islamic Republic of Iran, believing that all facilities and planning should be used to ensure the rights of the nation, has recognized, guaranteed and protected the rights and freedoms of the nation and in the third chapter entitled " The rights of the nation " has dealt with it. On the other hand, the mere declaration of rights and freedoms in the constitution and ordinary law alone cannot be sufficient to achieve it. Mechanisms and tools to ensure the implementation of citizens' rights and the protection of legitimate freedoms are needed. Therefore, paragraph 2. Article 156 of the Constitution enumerates the restoration of the public rights and the promotion of justice and legitimate freedoms as one of the duties of the judiciary. It has various mechanisms, including the Courts of Justice, the Court of Administrative Justice, the General Inspection Organization, etc. to perform the above-mentioned function as well as possible. But despite the constitution stating that the judiciary's duty to restore the public rights has not been properly restored. Therefore, the main question of the present article is to review the mentioned mechanisms in order to guarantee the public rights and the obstacles to the realization of the revival of the public rights, and then solutions to remove the existing obstacles are presented.

Keywords

• The Public Law
• The Judiciary
• Article 156 of the Constitution
• The rights of the nation
• Obstacles to the Restoration of the Public Rights