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:: Volume 6, Issue 18 (3-2018) ::
Public Law 2018, 6(18): 1-22 Back to browse issues page
The Quality Review of the Enactments of the Islamic Consultative Assembly in the Precedent of the Guardian Council
Ali Akbar Gorji Azandariani , Mohammad Shahab Jalilvand
Abstract:   (1507 Views)
Ali Akbar Gorji Azandariani1 & Mohammad Shahab Jalilvand2*
1- Associate Professor, Shahid Beheshti University
2- Ph.D student of public law, Shahid Beheshti university

Abstract

Principally the guardian of the Constitution protects the Constitution by means of reviewing the Constitutionality of the Enactments of the Islamic Consultative Assembly as the traditional task of this entity. Nevertheless, examining the practical precedents indicate that both the Constitutional Council of France and the Guardian Council of Iran have in some cases gone beyond the scope of this inherent task by reviewing the quality of the acts. According to this, the main research question is that how and by what criteria the Guardian Council reviews the quality of the acts? This article through a descriptive-analytic method indicates that this entity while examining the enactments of the Islamic Consultative Assembly based on the Islamic criteria and the Articles of the Constitution, has in some cases reviewed these enactments based on normativity, transparency, stability, enforceability, justiciabilty, coherence, and etc. The result of this research is that despite the presence of signs of the quality review approach by the Guardian Council, there is still no comprehensive analysis regarding the above theories and therefore, it seems that the precedent of the organ of Constitutional review in the Islamic Republic of Iran should provide the qualitative standards in this regard.
 
* E-mail: Shahabjalilvand88@gmail.com
Keywords: Stability, Guardian Council, Transparency, Constitution, Quality of the Enactments, Normativity.
Full-Text [PDF 624 kb]   (307 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اساسی
Received: 2017/06/1 | Accepted: 2018/03/25 | Published: 2018/05/16
ص. 1-22
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Gorji Azandariani A A, Jalilvand M S. The Quality Review of the Enactments of the Islamic Consultative Assembly in the Precedent of the Guardian Council. Public Law. 2018; 6 (18) :1-22
URL: http://mag.shora-rc.ir/article-1-473-en.html


Volume 6, Issue 18 (3-2018) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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