نوع مقاله : یادداشت علمی
عنوان مقاله English
نویسنده English
This paper examines the phenomenon of impeachment-ism—the recurrent tendency of senior judicial authorities to bypass constitutionally prescribed procedures and seek extraordinary authorization from the Supreme Leader to resolve challenges in criminal law and procedure. While such measures are often justified as pragmatic responses to urgent crises, they risk eroding the resilience of the constitutional order, undermining the rule of law, and compromising the equality of citizens before the law.
conditions conducive to arbitrariness and corruption. The paper concludes by proposing three avenues of reform: strict avoidance of impeachment-ism as a governance strategy, compensatory measures for rights violations demonstrably caused by its use, and systematic documentation and research on past episodes to ensure that future crises are addressed within the framework of law rather than outside it.
