Public Law
Marzye Mohammadabadi; Hamed Nikoonahad
Abstract
One of the most important duties of the constitutional reviewers The constitution is to review the ordinary law in terms of their non-contradiction with the constitution in order to ensure and guarantee the fundamental principle of the supremacy of the constitution in the field of legislation. In the ...
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One of the most important duties of the constitutional reviewers The constitution is to review the ordinary law in terms of their non-contradiction with the constitution in order to ensure and guarantee the fundamental principle of the supremacy of the constitution in the field of legislation. In the system of constitutional law of the Iran,the parliement is exclusive authority to enact ordinary laws according to principles 58.71 of the constitution,and the Guardian Council, according to, articles 72,91 94 of the constitution, has the of review the non-contradiction of the measure with the constitution. Since the process and mechanisms foreseen for the perform of this type of review are not comprehensive, in practice we see legal deficiencies in guaranteeing the supremacythe Constitution.The present article is based on an analytical-critical approach and by studying the procedures for identifying damage in the mechanisms of the Guardian Council review of the normal law.The findings of this research show ""Failure to foresee a specific mechanism for the review of the Guardian Council on normal laws before the formation of the parliament Among most important damages in the review mechanisms of the Guardian Council is guaranteeing the supremacy of the Constitution over the ordinary law.
mohammad amin abrishami rad; Hamed Nikoonahad
Abstract
The ambiguity regarding the concept considered by the members of the Review Council of the term "issuing referendum" in Article 110(3), has led to this fact that the real role of the Leader in referendum process and the scope of his authority over the types of referenda has remained vague. In this research, ...
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The ambiguity regarding the concept considered by the members of the Review Council of the term "issuing referendum" in Article 110(3), has led to this fact that the real role of the Leader in referendum process and the scope of his authority over the types of referenda has remained vague. In this research, it was attempted to explain the concept of the term "issuing of the referendum" based on an intentionalist approach and in the form of descriptive-analytic studies, in order to explain the authority of the Supreme Leader in the process of substantive and legislative referenda. Analyzing the discussions of the members of the Review Council and considering other relevant indications, it could be argued that the term "issuing of the referendum" was intended to identify the practical action of Imam Khomeini in issuing the decree on the beginning of the process of the "Constitutional Revision Referendum" and it should be considered as the Replica of the first sentence of Article 177. Therefore, this authority of the Supreme Leader does not extend to referendum subject to Article 59 of the Constitution.
