Solutions to strengthen the mechanisms of the judiciary in the realization of public rights

Document Type : Original Article

Authors
1 Faculty of Law, Faculty of Literature and Humanities, Islamic Azad University, Yazd, Iran.
2 Political Science, Faculty of Law and Political Science, Yazd University, Yazd, Iran
3 Department of Law, Faculty of Administrative Sciences and Economics, Isfahan University, Isfahan, Iran.
10.30497/hcr.2025.247123.1110
Abstract
In modern societies, public rights are regarded as the cornerstone of social justice and a guarantor of citizens' fundamental freedoms, secured for all members of society without discrimination. However, ensuring and safeguarding public rights has always posed a complex and dynamic challenge. Given the judiciary's role as a stronghold for upholding public rights and in light of Article 156, Section 2 of the Constitution, the question arises: "How can the judiciary, by establishing a comprehensive and dynamic framework, strengthen public rights and protect them against emerging challenges?"

This study, using a descriptive-analytical approach, examines the concept of public rights, its importance, and the judiciary’s role in revitalizing these rights. The findings indicate that the judiciary can enhance public rights by developing a comprehensive intellectual framework based on Article 8 of the Constitution. Establishing a dedicated task force to implement this principle and improve judicial structures and procedures represents a crucial step in safeguarding public rights against emerging challenges. Additionally, updating and addressing gaps in laws related to public rights, along with strict oversight of their enforcement, provides essential solutions to guarantee these fundamental rights, fostering a fairer society and enhancing social justice.



In this regard, the Judicial Transformation Document has been designed as a key mechanism to remove obstacles and optimize the judicial system along this path. Nevertheless, this mechanism itself sometimes encounters challenges, the resolution of which is essential to maintaining the authority of the judiciary and the Islamic Republic system.
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