Verdict and some questions; Reflection on the relationship between judicial justice and public law Syed Amirhossein Ghazizadeh Hashemi; The vice president in Shahid Raisi's government giving a prison sentence to Hujat al-Islam wal-Muslimin Rasa'i has once again revealed one of the most important and least noticeable issues in the country's legal and political system; An issue beyond the person, the political orientation or the subject of the case, which goes back to the relationship between the execution of judicial rulings and the continued fulfillment of the responsibilities arising from the people's vote. I was in his service during the 8th and 9th periods of the Islamic Council and I admit that both then and now, he was and is a revolutionary and effective representative. Private complaint and public consequences.
This case was created following a person's complaint against the press and the result was a prison sentence for a member of the Islamic Council. It is natural that the principle of the rule of law and the necessity of applying final judicial rulings are considered the pillars of any coherent legal system and a person should not consider himself above the law. However, the implementation of the law also requires consideration of all its legal, political and social effects and consequences; Because sometimes a judicial decision affects not only the convicted but also the rights of the public and the legal institutions. The position of the supervisory committee on the behavior of the representatives.
Meanwhile, the first question refers to the position of the board of directors to monitor the behavior of the representatives. The legislator envisioned this committee to examine several issues related to representatives, so that while protecting the honor of Parliament, the limits and gaps of the representative's responsibility are also taken into account. Therefore, the public has the right to know how this legal mechanism was carried out in a case where one of the parties is a current member of parliament and which process is considered to meet the requirements set forth in the law. Possible conflict between the execution of the order and the duties of the representative The second question is related to the possible conflict between the execution of the prison sentence and the fulfillment of the duties of the representative. An MP is not just a real person; In a direct vote of the people, he carries part of the will of the public in the legislative and oversight process.