Document Type : Research Paper
Authors
1 Level three student of Fegh and public law, Complex of Islamic fegh, law and judgment, Qom, Iran
2 Associate Professor of Public law and International law Department, Qom University, Qom, Iran
Abstract
Article 50 of the Constitution of the Islamic Republic of Iran is known as the basis of the issue of environmental protection in Iran's legal system, which according to many thinkers in the field of law and environment is one of the neglected Articles of the Constitution. This research intends to obtain the procedure of the Guardian Council in applying this Article and to measure the extent to which this capacity is used in order to protect the environment. The findings show that the Guardian Council cited Article 50 of the Constitution in only two cases, and there are also cases that are contrary to this Article from a strict point of view, but the Guardian Council did not find fault with them. In general, it seems that considering the developing conditions of the country and the priority of economic issues, the Guardian Council has a balanced view on Article 50 and the issue of environmental protection, which may be better to pay more special attention to this Article because of the importance of the environment in Sustainable Development and activates its capacity to the maximum.
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