Article
167 [Rule of Law for Judiciary]
The judge
is bound to endeavor to judge
each case on the basis of the
codified law. In case of the absence
of any such law, he has to deliver
his judgement on the basis of
authoritative Islamic sources
and authentic fatawa. He, on the
pretext of the silence of or deficiency
of law in the matter, or its brevity
or contradictory nature, cannot
refrain from admitting and examining
cases and delivering his judgement.
Article
168 [Political and Press Offences]
Political
and press offenses will be tried
openly and in the presence of
a jury, in courts of justice.
The manner of the selection of
the jury, its powers, and the
definition of political offenses,
will be determined by law in accordance
with the Islamic criteria.
Article
169 [Nulla Poena Sine Lege]
No act or
omission may be regarded as a
crime with retrospective effect
on the basis of a law framed subsequently.
Article
170 [Control of Regulations]
Judges of
courts are obliged to refrain
from executing statutes and regulations
of the government that are in
conflict with the laws or the
norms of Islam, or lie outside
the competence of the executive
power. Everyone has the right
to demand the annulment of any
such regulation from the Court
of Administrative Justice.
Article
171 [Liability of Judges]
Whenever
an individual suffers moral or
material loss as the result of
a default or error of the judge
with respect to the subject matter
of a case or the verdict delivered,
or the application of a rule in
a particular case, the defaulting
judge must stand surety for the
reparation of that loss in accordance
with the Islamic criteria, if
it be a case of default. Otherwise,
losses will be compensated for
by the State. In all such cases,
the repute and good standing of
the accused will be restored.
Article
172 [Military Courts]
Military
courts will be established by
law to investigate crimes committed
in connection with military or
security duties by members of
the Army, the Gendarmerie, the
police, and the Islamic Revolution
Guards Corps. They will be tried
in public courts, however, for
common crimes or crimes committed
while serving the department of
justice in executive capacity.
The office of military prosecutor
and the military courts form part
of the judiciary and are subject
to the same principles that regulate
the judiciary.
Article
173 [Court of Administrative Justice]
In order
to investigate the complaints,
grievances, and objections of
the people with respect to government
officials, organs, and statutes,
a court will be established to
be known as the Court of Administrative
Justice under the supervision
of the head of the judiciary branch.
The jurisdiction, powers, and
mode of operation of this court
will be laid down by law.
Article
174 [National General Inspectorate]
In accordance
with the right of the judiciary
to supervise the proper conducting
of affairs and the correct implementation
of laws by the administrative
organs of the government, an
organization will be constituted
under the supervision of the head
of the judiciary branch to be
known as the National General
Inspectorate. The powers and duties
of this organization will be determined
by law.
Chapter
XII Radio and Television
Article 175 [Freedom of
Expression, Government Control]
(1) The
freedom of expression and dissemination
of thoughts in the Radio and Television
of the Islamic Republic of Iran
must be guaranteed in keeping
with the Islamic criteria and
the best interests of the country.
(2) The appointment and dismissal
of the head of the Radio and Television
of the Islamic Republic of Iran
rests with the Leader. A council
consisting of two representatives
each of the President, the head
of the judiciary branch, and the
Islamic Consultative Assembly
shall supervise the functioning
of this organization.
(3) The policies and the manner
of managing the organization and
its supervision will be determined
by law.
Chapter XIII Supreme Council for
National Security