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Legal Analysis of the Challenges by the of the Islamic Parliament Speaker Regarding the Supervision of the Executive Approvals and Directive
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Abstract: (2146 Views) |
Supervision of Executive enactment in view that whether those follow general rules is within necessities of all legal systems and selecting trustful reference and proper process to do this supervision, could act as a guarantee to support maxim of Governing of Law and Rules Hierarchy.
Present research was attempting to first know about nature current process in measuring compliance of Executive enactment with constitution governing of Islamic Republic of Iran and in second step investigation on to what extend this process could provide ground to realize two said maxims and in 3rd step, to what extent, it could be confirmed the posed criticism from some of scholars about mentioned process.
The results of investigation that carried out in this respect, suggested that supervision of director of Islamic Council parliament on Executive enactment that is currently on going in our country, though satisfy maxim of Rules hierarchy to some extent through establishment “Investigation and adaptation Council on Government Enactments against Law”, but some of legislation preparation that provided in order to make this supervision practical, imposed problems such as “Supervision Competence Development”, “Extension of supervision domain”, “breaching Act of forces separation in Legal system of Iran”. Meanwhile, competence of supervisor to conduct this supervision is doubtful in some aspects.
At the end, some solutions that thought to be effective to decrease these damages and remove existing ambiguity, raised in form of proposal in two levels of short and long terms. |
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| Keywords: Supervision, Executive Approvals, Islamic Parliament Speaker, Effect less, Confirmation |
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Type of Study: Research |
Subject:
Special
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