Document Type : Original Article
Authors
1
Department of Islamic Law, Faculty of Law, Shahid Beheshti University
2
PhD candidate in Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
10.22091/ijicl.2024.11380.1104
Abstract
Under the influence of the movement of "law and economy" many experts of law believe that all branches of law and legal system must be economically justified.According to this view the legal system has a limited and determined share of the resources of the society. Indeed, because resources are limited, extensive resource allocation to the justice system deprives other parts of society. Therefore, optimizing the resources allocated to the judiciary is necessary. However, it depends on identifying challenges in optimizing resource allocation within the judiciary of the Islamic Republic of Iran and studying the experiences of other countries.This article contends that effective governance necessitates budget transparency, and the arbitrary allocation of resources without considering long-term and medium-term planning poses a significant challenge in resource allocation. In the Islamic Republic of Iran,despite the implementation of six medium-term plans since the Islamic Revolution in 1979, a proper linkage between these plans and the budgetary process remains elusive. This can be attributed, to some extent, to budget allocation influenced by bargaining dynamics. Additional challenges include a lack of fiscal discipline, excessive reliance on incremental budgeting, inadequate utilization of an efficient accounting system, and ineffective supervisory mechanisms of other branches of government over the financial performance of the Judiciary. The experiences of some countries show that when budgeting system resists to reforms, the recommended solution involves identifying and strengthening the components within the current institutional framework that enhance efficiency.Since implementing Performance Budgeting within the Judiciary is unfeasible, it would be better to adhere to the traditional budgeting system. Ultimately, promoting budget transparency and facilitating public access to budgetary information can empower citizens, foster government accountability, and yield mutual benefits.
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