نظارت سازمان بازرسی کل کشور: قضایی یا غیر قضایی؟

Abstract

The General Inspection Organization of the country is one of the review institutions stipulated in the constitution of Islamic Republic of Iran, which can remove corruption and lack of agility from the laps of institutions and administrative organizations with its authority. This organization is a monitoring institution that is included in the structure of the judiciary, and for this reason, Iranian legal researchers differed in the type of review. Some have considered its review as investigative, some as non-judicial but with judicial powers, and some have considered its placement in the judiciary as one of the causes of its inefficiency. This article, with a descriptive-analytical method, has concluded that judicial review in the common sense of the word, which is applied by the judges of the courts and the Administrative Court of Justice, is not compatible with the current structure of the General Inspection Organization of the country, and that judicial review cannot be imposed on it. But it seems that the Constitution of the Islamic Republic, considering the background and the existence of institutions such as "Diwan Begi" in the Safavid era, which was the highest judicial institution in the country and had review powers and duties over government bodies and officials, did not consider the judiciary to sit in the court and listen to the people's claims, and in fact, considered the position of the judiciary and the judiciary as an institution that detects corruption and is active in the field of society and government.