Judicial Independence of the University vis-à-vis the Judiciary: A Comparative Study of Iranian and American Law

Although the independence of higher education institutions in Iran has been recognized, in the last decade there has been an increasing tendency on the part of the Supreme Council of the Cultural Revolution to prohibit the involvement of judicial authorities in university lawsuits. The entry of the Supreme Council of the Cultural Revolution into issues such as limiting the jurisdiction of the Administrative Court of Justice and other judicial authorities can disrupt the legal order of the courts in the most basic and at the same time the most important issue, namely "jurisdiction". This act interferes with the duties of the Islamic Council and puts the Supreme Council of the Cultural Revolution on the same level as the Council. The Supreme Appellate Board of the Ministers of Science, Health and Azad University, which was established in 1387 by Council Resolution 630, and whose jurisdiction was recently expanded by the supplementary collective resolution in session No. 893, cannot limit the jurisdiction of judicial authorities. Creating a committee from within the university to deal with academic appeals is a very desirable idea that was also established in American law with the doctrine of academic refusal, but the supreme appeals committee of ministers and Azad University currently does not have the nature and characteristics of quasi-judicial authorities. . Criticisms directed at the Supreme Council are directed at the way it enters Iran's quasi-judicial authorities. In American law, courts try to strike a balance between university independence and anti-discrimination laws. They respect the expertise of academics in scientific, educational and research matters, but at the same time, they do not tolerate abuse of power and discrimination. Courts intervene in case of abuse of authority or arbitrary action of academic authorities.