Hassan Vakilian; Ahmad Markaz malmizi
Abstract
As a new discipline, legisprudence is raising for the purpose of overcoming the challenges of inappropriate deployment of legislation and legislative inflation. Legisprudence as an interdisciplinary study uses the theories and findings of sciences for analyzing and studying the legislation and law making ...
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As a new discipline, legisprudence is raising for the purpose of overcoming the challenges of inappropriate deployment of legislation and legislative inflation. Legisprudence as an interdisciplinary study uses the theories and findings of sciences for analyzing and studying the legislation and law making process. Ruling according to law and by law, has led to repetitive recourse to the legislation by governments and this in turn has led to increase of the volumes of legislation; a situation which is in conflict with rule of law. Promulgating laws which have formal and substantive flaws has decreased the quality of legislations and has made the countries legal system inconsistent. As a result the aforementioned situation causes the inefficiency in governance. Assessment of expected and unexpected consequences of legislation from the cost-benefit point of view and paying attention to these consequences in pre-legislation, legislation and post- legislation stages are parts of theoretical attempts for improvement of quality of legislation which is developed in legisprudence. The main aim of legisprudence is to enhance the quality of legislation and its ultimate goal is to assist in the realization of rule of law and good governance.
Ahmad Markaz Malmiri; Mahdi Mahdi zadeh
Volume 17, Issue 47 , October 2015, , Pages 157-184
Abstract
Scattered and casual legislation is one the deficiencies inflicted on legislative system of Islamic Republic of Iran. Scattered legislation may be defined as disparate, casual and excessive legislation with almost no serious attention paid to other interrelated parts of the legal system. This may be ...
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Scattered and casual legislation is one the deficiencies inflicted on legislative system of Islamic Republic of Iran. Scattered legislation may be defined as disparate, casual and excessive legislation with almost no serious attention paid to other interrelated parts of the legal system. This may be the result of legislators rush towards exercising their legislative power with little recourse to their surveillance capacities. Casual legislation may particularly harm people’s accessibility to justice generally promised by the legal system (that is people consciousness and awareness of laws) which is considered as a pivotal characteristic of the rule of law. A brief look at the laws passed by Iran’s congress may readily lead us to various instances of casual and scattered lawmaking. This article reviews and categorizes various lawmaking practices in regards with modification, revocation, cancellation and revalidation of laws as the most evident instances of scattered lawmaking in Iran. In fact, we may argue that the rule of law may not be satisfactorily attained unless lawmakers have due diligence and tactfulness in their job so that people and law enforcement authorities are expected to be aptly aware and are likely to adhere to the laws so to be ratified. It seems that obscurity and inaccessibility of laws and regulations in Iran have led to the inefficiency of its legal system and thereby have hindered optimum realization of the rule of law
