Document Type : Research Paper

Authors

• Ahmad Markaz Malmiri
• Mahdi Mahdi zadeh

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 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

Keywords

• Scattered Legislation
• Legislative Sectoralization
• Legislative Inflation
• Legislative Studies
• Legislative Principles
• Rule of law
• Iranian Legislative System