Judicial Structure and Court System
The federal judiciary will include the Supreme Judiciary Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor's Office, the Judiciary Inspection Department and other federal courts that are organized by law.
It is permissible by law to establish a state council to handle the tasks of the administrative judiciary, advising, phrasing, and representing the state and all other public associations before the judicial authorities.
Judicial Authority and Appointment of Judges
The Supreme Judiciary Council administers and supervises the federal judiciary system, nominates the head and members of the Supreme Federal Court; nominates the head of the Federal Cassation Court and the head of the Judiciary Inspection Department and presents them to parliament for approval. Moreover, it proposes the annual budget for the federal judiciary system and presents it to parliament for approval.
Judges shall not be impeached except in the cases determined by law; the law specifies the rule pertaining to judges and regulates disciplinary actions against them.
It is forbidden for a judge or a member of the prosecution simultaneously to hold a judiciary position and a legislative or executive position or any other job. Judges cannot belong to any party or political organization or engage in any political activity.
The Supreme Federal Court is an independent judicial body financially and administratively made up of a number of judges and experts in Sharia (Islamic Law) and law, whose number and manner of selection will be defined by a law passed by two-thirds of the parliament members.
Constitutionality of Laws – Judicial Review
The Supreme Federal Court will have the following duties: overseeing the constitutionality of federal laws and standing regulations; interpreting the text of the constitution; ruling in cases that emerge from the implementation of federal laws; ruling in disputes between the federal government and the governments of the regions, provinces, and local administrations; and endorsing the final results of parliamentary general elections. The rulings and decisions of the Supreme Federal Court are final and all authorities should abide by them.
Establishing private or exceptional courts is forbidden. The law regulates the establishment of courts, their kinds, degrees, duties, and the means of appointing judges, members of the public prosecutor's office, the provisions for disciplining them and determining their retirement.
The military judiciary shall be regulated by law, and the responsibilities of the military courts are limited to crimes of a military nature committed by members of the armed forces and security forces.