Feasibility Study of the Accountability of the Judiciary to the People and the Islamic Consultative Assembly from the Perspective of Public Law

From the viewpoint of public law, all forces and institutions that hold some portion in political power must be accountable to the people and their representatives to the extent that they have that political power. Accordingly, none of the elected and appointed powers and institutions can refuse to shoulder the responsibility. On the one hand, in the republican system’s structure, the judiciary is governed within the framework of a representative system, and the accountability of institutions and agents is considered as an inseparable part of the representative system. On the other hand, one of the important functions of public law is to bring all channels of power under the control of the people; in a way that without the presence of public law, the sovereignty of the people over their own destiny will not be realized. Obviously, the ‘republic’ concept finds its meaning at ‘accountability of forces to the people’, and non-accountability does not correspond to the goals of the republic and those of the public law. We can talk about the nature of representation in the judiciary and the structure of the Islamic Republic of Iran, when the effects and consequences of a representation system can also be identified in such a way that a genuine and representative relationship is established between people and all owners of power, including the judiciary. The question of this study is that how it is possible for the judiciary to be accountable to the people and the Islamic Consultative Assembly from the perspective of public law.