Analyzing the Ambiguities in Approval of Statutes by the Government based on Article 85 of the Constitution
| Autor: | Vahid Heydari, Mohsen Abolhasani, Ali Fattahi Zafarghandi |
|---|---|
| Jazyk: | perština |
| Rok vydání: | 2024 |
| Předmět: | |
| Zdroj: | دانش حقوق عمومی, Vol 13, Iss 2, Pp 1-20 (2024) |
| Druh dokumentu: | article |
| ISSN: | 2383-1596 2676-6574 |
| DOI: | 10.22034/qjplk.2023.1605.1490 |
| Popis: | According to article 85 of the constitution of the Islamic Republic of Iran the Islamic Consultative Assembly can delegate the authority to permanently approve the statutes of organizations, companies, government or government-affiliated institutions to the government. The nature of delegated approvals to the government as well as how it is exercised by the government, which was added to article 85 in the process of amending the constitution in 1368; is ambiguous from a legal point of view. In this regard, this paper, using a descriptive-analytical method in studying the data collected from library resources, seeks to answer that what the limits of competent authorities and monitoring institutions in the process of approving statutes by the government based on article 85 are? It seems that the constitutional approvals of the board of ministers are considered as regulations in the Iranian legal system. Nevertheless, the amendment of the said statutes should be sent to the Guardian Council, without the need for a new permission from the Islamic consultative assembly. Also, despite the fact that the Guardian Council is not obliged to comply with the deadlines set in principles 94 and 95 of the constitution in reviewing the constitutional approvals of the government, it seems important and necessary to set a deadline in this regard in order to complete the process of principle 85 of the constitution. Another thing is that it is not possible to insist on the constitutional approvals of the government due to the principle of lack of jurisdiction in the field of public law and the non-inclusion of article 112 of the constitution regarding government approvals; although the government can take advantage of the capacity of article 112 by pursuing the approval of the statutes through the bill. |
| Databáze: | Directory of Open Access Journals |
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