Public interest includes affairs that are beneficial to the people en masse. Building on the the right of every individual to file lawsuits as well as non-governmental organizations to do so on ...behalf of the people, public interest litigations play an important role in fulfilling justice and actualizing the rights of the public which might have been disregarded due to poverty, disabilities, illiteracy, negligence, etc. Consistent with Art. 156 of the Iranian Constitution (hereinafter the Constitution), the Judiciary Branch is held accountable for maintaining justice in the society. Paragraph (2) of the Art. exclusively stipulates that the very task of restoring public rights- which itself precipitates the restoration of justice- is entrusted with this branch. The Guidelines on the Supervision and Pursuit of Public Rights- developed based on Art. 156 of the Constitution- has specifically made the prosecuting attorney liable for the restoration of public rights. However, it has not so far been fulfilled properly mainly due to the many onerous supervisory and judicial responsibilities the prosecuting attorney is entrusted with. It, therefore, behooves the Legislature to formally acknowledge public interest litigation and the potential it carries in restoring public rights- and in effect social justice. Recruiting a descriptive-analytical method, the researchers have examined the body of laws and regulations in the Iranian as well as some foreign legal systems. It is concluded that the right of the individuals in filing public interest lawsuits has not been identified in the Iranian legal system which, it is recommended, shall be reconsideredt.
The existence of a supervisory entity with an impartial mechanism in the election plays a decisive role in realization of a desirable governance. Today, the complexity of the election makes the ..."supervision" hard and responsibility of "fundamental proceeding" heavier. Supervision over election is a two-bladed sword, which can guarantee and protect the rights on one hand, and threatens and restricts it on the other hand. Therefore, this research studies the foundation and examples of this kind of supervision in Iran and France using descriptive-analytical method, and seeks to answer the question of what mechanism the fundamental proceeding benefits from to safeguard the people's choice in France and Iran in order to protect the people’s rights in the best way? In response, it became clear that the Guardian Council has a broader role than the French Constitutional Council in some powers. However, both of them have the effectiveness, efficiency, and coherence due to the dispersion, ambiguity, and inconsistency of behaviour and lack of transparency exists in most of jurisdiction and conduct of their agents. In addition, this has led to a high legitimacy today, despite the fact that the activities of these entities are somewhat distant from theoretical foundations and main protection thoughts.
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