نوع مقاله : مقاله علمی - تخصصی
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 کارشناسی ارشد حقوق عمومی دانشگاه علامه طباطبایی
The financial independence of the judiciary is closely related to the type of budgeting system of a country and is mainly emphasized by the separation of the executive and judiciary in the area of proposing and approving the judicial budget, which has created two models of judiciary and executive. In the first place, the role of the judiciary in determining its budget is independent and decisive, but in the public model, the organs of the executive branch are significantly involved in this process. In Iran, despite the constitutional emphasis on the independence of the judiciary, according to the system of budget programming by executive branch, which governs the judiciary, and also based on a number of principles of the Constitution such as Article 52 and Article 126, the government has the discretionary power to change the proposed budget of the judiciary, indicating the lack of financial independence of the justice system of the country. By enacting a law that prevents the state to change the proposed budget of the judiciary or provides for direct presentation of the judiciary budget to parliament or allocates a certain percentage of country budget to the judiciary or establishes an independent bank for management of financial resources of the judiciary and, or by modification of the Constitution in this regard, the independence of the judiciary system may be improved.