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The Legal Basis for establishing a Council by the Government
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Abdolmajid Soodmandi *   , Mahmood Abbasi |
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Abstract: (432 Views) |
Iran's Constitution of 1358 was silent about the authority of the legislative and executive branches to establish a council, and amendment of 1368 only allowed the cabinet to establish a council (principles 127 and 138). Therefore, this question is raised: what was the basis for establishment of councils by different government institutions? In order to answer this question, the Constitution was analyzed and it was observed that according to the principle of prohibition of delegation of authority in public law, the authority to establish a council depends on the binding feature of the council's authority. Based on this, establishing a binding council is allowed exclusively according to principle 127. Establishing a consultative council has always been allowed by all government institutions because it does not require delegation of authority. Establishing a recommending council to the institution created the council has always been allowed by all government institutions, but establishing a recommending council to other institutions is allowed only according to principle 138. In addition, despite that establishing a council by the parliament is against the constitution and therefore, it is not possible to delegate the authority to establish a council from the parliament to the government, however, due to the fact that the Guardian Council has allowed the creation of all three types of councils by the parliament, the delegation of the above authority is also allowed.
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| Keywords: Administrative Council, Binding Council, Recommending Council, Consultative Council, the Constitution of the Islamic Republic of Iran. |
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Type of Study: Research |
Subject:
Special
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