A reflection about the effectiveness of the measures to ensure the rule of law in the executive branch of Iran and the United Kingdom

Document Type : Case-study

Abstract

The idea of the rule of law means that government must be exercised according to the law and the equality of all individuals before the laws. The realization of this ideal in the executive branch to prevent the arbitrary actions of the executive and administrative officials is very important, but the realization of this idea in practice is carried out by some special control measures. The purpose of this paper is to review these aforementioned control measures in both the UK and Iran and to show their strengths and weaknesses. The idea of separation of powers and its impact on the political control of the legislature over the executive branch can play a constructive role to control the power of the executive. In the UK, the mix of powers and the majority system of the country has led many scholars to see the parliament as a tool in the service of the Cabinet. In contrast, in Iran, the Islamic Consultative Assembly has significant tools in order to influence the executive branch. Also, the Supreme Court of UK and the Administrative Court of Justice in Iran, play an important role in ensuring the rule of law through judicial review in relation to administrative institutions and the officials. But it is expected in our country that the legislator takes steps in order to strengthen and expand the competencies of the Administrative Court of Justice.
 

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References

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