:: Volume 8, Issue 24 (12-2020) ::
qjal 2020, 8(24): 49-72 Back to browse issues page
Adherence of policymaker institutions to the conceptual limits of policy by looking at the feasibility of judicial review (case study: Supreme Councils of the Cultural Revolution and cyberspace)
Abstract:   (1710 Views)
Public power in Iran has been entrusted to those institutions which are exist in constitution and laws. Moreover the other exquisite ones that are established by other norms, enjoy public power too, such as Supreme Councils of the Cultural Revolution and the cyberspace. These institutions have almost certain tasks in their establishing foundation. Generally these tasks come from the concept of policy-making. Given the creating norms by these institutions, oversighting them to ensure the norms hierarchy is inevitable.  In Iran after a lot of arches, the bill of amendment of administrative justice court has recognized, under certain circumstances, the oversight on these enactments to ensure that they are within the policy-making framework. In this research, we have explored the concept, features, and levels of policy, and We have made clear the limits of the policy-making of these councils until the limitation of judicial review on the enactments of these institutions will be clear. On the one hand, we have mentioned some of the cases of these councils and realized from their evaluation that in many cases, these councils have not been committed to policy-making framework and have entered the limits of law or regulation. The
latter proposition further reveals the need for judicial review on these councils.
Keywords: Policy-making, Supreme council of cultural revolution, Supreme council of cyber-space, judicial review, ultra vires
Type of Study: Research | Subject: Special

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Volume 8, Issue 24 (12-2020) Back to browse issues page