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:: Volume 9, Issue 30 (6-2022) ::
qjal 2022, 9(30): 157-176 Back to browse issues page
A critique of the Guardian Council's view on the development of the authorities mentioned in Article 142 of the Constitution
Fardin Moradkhani, Ebrahim Sabaghi valashani *
Abstract:   (96 Views)
Combating financial corruption of officials is one of the important legal issues, parts of which are discussed in administrative law. According to Article 142 of the Constitution of the Islamic Republic of Iran, the head of the judiciary oversees the property of some officials. As experience has shown that corruption is more prevalent among lower-ranking officials, members of the Islamic Consultative Assembly have struggled four times to extend the oversight referred to in Article 142 of the Constitution to other state and military officials and managers, but they were confronted with the objection of the Guardian Council that the mentioned authorities are in principle 142 restricted. Finally, the Islamic Consultative Assembly sent this law to the Expediency Discernment Council, and that Council, with general amendments, approved the Assembly's opinion. This descriptive-analytical study seeks to examine the possibility or impossibility of regulating the Islamic Consultative Assembly regarding the development of the authorities mentioned in Article 142 of the Constitution. In this study, the reasons for the opposition to the development of the above-mentioned authorities are answered in Article 142 of the Constitution We conclude that for legal and religious reasons and the use of the Purposive interpretation method of the Islamic Consultative Assembly has the authority to pass a law to increase the number of officials mentioned in Article 142 of the Constitution.
 
Keywords: Article 142 of the Constitution, Islamic Consultative Assembly, Guardian Council, Development
     
Type of Study: Research | Subject: Special
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moradkhani F, sabaghi valashani E. A critique of the Guardian Council's view on the development of the authorities mentioned in Article 142 of the Constitution. qjal. 2022; 9 (30) :157-176
URL: http://qjal.smtc.ac.ir/article-1-989-en.html


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Volume 9, Issue 30 (6-2022) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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