Public Law
Ahmad Taghizadeh; Ahmad Habibnejhad
Abstract
Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head ...
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Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head of the legislature? In answer to this question, by using the analytical-descriptive method, it can be said that in the absence of external evidence and in terms of the different qualifications enumerated in different laws for the President of the Islamic Consultative Assembly as well as absurdity of this establishment, these powers are beyond the control of the Majlis and also, given the significant role of the Majlis in the legislative process compared to the role of the Guardian Council and the Expediency Council, it can be said that the title of the legislature is applicable to the "Speaker of the Parliament". If the relation of the head of the legislature with the parliament and its representatives is taken into account, then the Speaker of the parliament would be used and if his/her relation is compared with institutions and authorities outside the parliament, then the term Legislature would be proper to be applied.
Mohammad Mansouri Boroujeni
Abstract
One of the most problematic in the initiation of law, is obeying the seventy-fifth article of the constitution that mandate the representatives to introduce the financial resource for execution of law, if that law leads to reduce the income of the government or increase the expense. The purpose of drafting ...
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One of the most problematic in the initiation of law, is obeying the seventy-fifth article of the constitution that mandate the representatives to introduce the financial resource for execution of law, if that law leads to reduce the income of the government or increase the expense. The purpose of drafting of the fifty-second and seventy-fifth has being to mandate legislator to maintain financial discipline in the budget and not to limit the legislative authority of Parliament. The constitution by separation between the "annual budget" and "law of budget", says that preparing the "annual budget" dependent upon the cooperation of the executive and Parliament, But it seems that in preparation of "Budget Law" there is no need for this cooperation and such a law can be prepared similar to other laws. Therefore, Parliament can propose and enact legal bills that have a financial burden, if that law not to affect the budget of that year and simultaneously the law of budget be amended for next years.
