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:: Volume 5, Number 15 (12-2016) ::
Back to browse issues page Public Law 2016, 5(15): 79-98
XML Necessity in Constitution; Concept- Detection and Monitoring Authority Print

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Abstract

The concept of necessity and its instances are prescribed in numerous principles of the Constitution of the Islamic Republic of Iran. These instances can be divided and studied in three categories of legislative, executive and particular cases on the basis of the detection authority which respectively the Islamic Consultative Assembly, the executive power and other institutions except the previous ones are the competent entities. Accordingly, The Assembly is in charge of detecting the governing necessities on the general planning of the economy and the necessity of delegating the power of legislation to internal committees of the Assembly set forth in principle 85 of the Constitution (legislative necessity). The competent authority for monitoring these necessities is also the Guardian Council. The necessity of making restrictions in emergency situations and the necessity of employing foreign experts laid down in principles 78 and 82 of the Constitution are also detected by the executive power (executive necessity) and monitored by the Assembly. Finally, the necessity of appointing a special representative (principle 127) is also in the competence of the president and the council of ministers monitors this detection. Therefore, this article will study the comprehensive concept of necessity in the principles of the Constitution and their detection and monitoring authorities.

Keywords: Necessity, Legislative Affairs, Executive Affairs, Particular Affairs, Detecting Authority.,
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Type of Study: حقوق ایران | Subject: حقوق اساسی | Received: 2017/05/31 - Accepted: 2017/05/31 - Published: 2017/05/31
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Necessity in Constitution; Concept- Detection and Monitoring Authority. Public Law. 2016; 5 (15) :79-98
URL http://mag.shora-rc.ir/article-1-469-en.html
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Back to browse issues page Volume 5, Number 15 (12-2016)
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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