Judicial Independence of the University:‎ A Comparative Study of American and Iranian Law

Document Type : Research Paper

Author

Department of Law, Faculty of Administrative Sciences and Economics, Arak University, Arak, ‎Iran

Abstract

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 intervention of the Supreme Council of the Cultural Revolution in 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 matter: “jurisdiction”. This action interferes with the duties of the Islamic Consultative Assembly and places the Supreme Council of the Cultural Revolution on the same level as the Parliament. The Supreme Appellate Board of the Ministers of Science, Health, and Azad University, which was established in 2008 by Council Resolution No. 630 and whose jurisdiction was recently expanded by the supplementary collective resolution in Session No. 893, cannot restrict the jurisdiction of judicial authorities. Creating an internal university committee to handle academic appeals is a highly desirable idea, one that has also been established in American law through the doctrine of academic deference. However, the current Supreme Appellate Committee of the ministers and Azad University does not yet possess the nature and characteristics of quasi-judicial authorities. The criticisms directed at the Supreme Council relate to the manner of its intervention in Iran’s quasi-judicial authorities. In American law, courts try to strike a balance between university autonomy and anti-discrimination laws. They respect academic expertise in scientific, educational, and research matters, but at the same time, they do not tolerate abuse of power or discrimination. Courts intervene in cases of abuse of authority or arbitrary actions by academic officials.

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References

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Comparative Law Review
Volume 16, Issue 1 - Serial Number 31
Spring & Summer 2025
June 2025
Pages 355-381

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