The supreme court as the most high Judicial
authority has been received from French Law and by being attentive to
its source, it’s an authority that must safeguard the equality of people
in front of law, supervising the proper enforcement of law and
establishing uniform judicial precedent. Many changes has been done in
the procedure regulations, has involved the organization and competences
of the supreme court.
Appeal proceedings is the most important duty of the
supreme court that is performed for supervising the proper enforcement
of law, but it’s not been considered third-degree in hierarchy of the
courts. Therefore the supreme court must do trial on technicalities and
refuse the trial on merits. Additionally for doing this supervising
completely by the supreme court, the majority of rendered decisions must
be capable for appeal to the supreme court. But now, it’s not been done
in this manner and many of decisions are out of supervising of the
supreme court. But in front of this, by establishing the “verification
divisions” in the supreme court, every decision is capable for trial on
merits in this divisions that this matter in some aspects is contrary to
the philosophy and basis of the establishment of the supreme court;
first: trial on merits in this divisions that are considered as some
divisions of the supreme court, second: falsifying the authority of “res
judicata” and third: not reaching the aims of proceeding organization
that the most important one of them is prevention the prolongation of
proceeding.
Another duty of the supreme court is establishment
uniform judicial precedent that its main function is adopting the law to
social needs. Uniform judicial precedent strengthens the juridical ruls
and also in cases of conflict of law or their annoyance or silence or
brevity or ambiguity may give a solution to them and it is as a warning
for legistature to not be wrong in legislation or amendment of laws in
the future.
Settlement of conflict of jurisdition between courts
and change of venue in some criminal cases are some other duties of the
supreme court. In addition, the supreme court hears the case of
contraventions of president.
