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:: Volume 3, Issue 10 (3-2015) ::
Public Law 2015, 3(10): 69-90 Back to browse issues page
A glance at Principle (75) of the Constitution with Concentrating on Decisions and opinions of Guardian Council (about statutes of Islamic Parliament of Iran until Eighth period)
Abstract:   (8287 Views)

One of the limitations of the Parliament in initiating laws in legal system of Iran is the limitation mentioned in principle (75) of the Constitution about prohibition of proposing bills leading to increase in public expense or reduction in public income. That principle is one of the most important principles which Guardian Council has invoked it regularly in reviewing the legislations of the parliament. According to principle (75) of the constitution of Iran, that limitation imposes on the all of legislations, budgetary one or others. We know executing many of laws is dependent to financial resources. In this essay, we are going to analyzing decisions of Guardian Council about notion of public income, public expense, and ways of countervailing it. This essay has investigated the decisions of Guardian Council in several periods of the Iranian parliament. Declaration of inconsistency of representative’s propositions which leads to increase in public expenses or reduction in public incomes are not only about that cases, but also that inconsistency has been announced about propositions that haven’t had sufficient remedial ways for their financial effects. With attention to this reality some statutes didn’t implement perfectly, because in the time of passing them, their financial effects were not prepared. Guardian Council with declaring inconsistency of some of remedial ways which were not sufficient financial means in some proposals and were not real ways, has tried To maintain consistency of legislative processes with relative principles of constitution of Islamic Republic of Iran and its theoretical bases. This essay, with descriptive-analytical method, investigates opinions (interpretative and consultative) of Guardian Council about statutes which were related to principle (75) of constitution until eighth period of Islamic Majlis (parliament) of Iran.

Keywords: Legislative powers, Public Income, Legal Proposition, Legal Bill, Public Expense.
Full-Text [PDF 316 kb]   (1482 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اساسی
Received: 2016/04/4 | Accepted: 2016/04/4 | Published: 2016/04/4
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A glance at Principle (75) of the Constitution with Concentrating on Decisions and opinions of Guardian Council (about statutes of Islamic Parliament of Iran until Eighth period). Public Law. 2015; 3 (10) :69-90
URL: http://mag.shora-rc.ir/article-1-292-en.html


Volume 3, Issue 10 (3-2015) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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