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Supervision of government regulations in Iran's legal system; An analysis of Article 120 of the Law of the Court of Administrative Justice
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Mohammadjavad Rezayeezadeh   , Hosein Ayenenegini * , Masoud Hasanabadi |
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Abstract: (191 Views) |
In Iran's legal system, various methods are foreseen to ensure the principle of the rule of law and the hierarchy of legal norms, in the dimension of non-contradiction of the provisions of government regulations with laws. Among the most important of these methods is the supervision of the speaker of the parliament (the subject of principle 138) and the supervision of the Administrative Court of Justice (the subject of principles 170 and 173) on government regulations. The review of the Speaker of Parliament's supervision of government regulations indicated the ineffectiveness of this method of supervising government regulations. Regarding the supervision of the Administrative Court of Justice, although the approval of Article 120 of the Law of the Administrative Court of Justice is considered as one of the desirable developments in the direction of strict supervision of government regulations and systems, the limitation of the regulations and systems subject of this article to "being an observer of public rights" has led to By adhering to this stipulation, many regulations should be excluded from the automatic and active supervision of the court. In addition, subjecting the implementation of the provisions of Article 120 to the creation of an electronic system is one of the other issues that can cause a delay in the implementation of this ruling. In order to optimize the mechanism of Article 120, it was suggested that the scope of Article 120 should include all government regulations and systems. Secondly, in the structural dimension, corresponding to each institution or each group of regulatory institutions under the deputy subject of Article 120 of the Law of the Court, an administrative group should be formed to monitor the approved regulations and systems so that active monitoring of government regulations is done in a systematic, accurate and comprehensive manner.
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| Keywords: government regulations, supervision, Speaker of Parliament, Court of Administrative Justice, Article 120 of the Law of the Court of Administrative Justice |
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Type of Study: Research |
Subject:
Special
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