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:: Volume 5, Number 16 (2-2017) ::
Public Law 2017, 5(16): 23-40 Back to browse issues page
The Concept of Necessity in Article 85 of the Constitution of the Islamic Republic of Iran
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The Concept of Necessity in Article 85 of the Constitution of the Islamic Republic of Iran
 
Javad Taghizadeh1* & Morteza Nejabatkhah2 & Sajjad Fooladvand3
 
1- Associate Professor, Mazandaran Universiry
2- Assistant Professor, Mazandaran Universiry
3- Public Law Master, Mazandaran Universiry

Abstract

One of the most important issues of the legal systems is legislation and mechanisms to make law. According to the Article 85 of the Constitution, the Islamic Consultative Assembly is permitted to delegate the competence of making provisional laws to its internal commissions in necessary cases. Hence, the necessity is one of the conditions of delegated legislation. Therefore, the main question is to clarify the approach of the Islamic Consultative Assembly and the Guardian Council regarding the concept of necessity and its requirements including the responsible entity. This research through a descriptive-analytic method seeks to answer the aforesaid question with emphasis on the rules regarding the issue of necessity set forth in Article 85 of the Constitution. The Assembly restricts the concept of necessity to the necessity of passing laws and this is obtained whenever the Assembly finds it for any reason useful for the better advancement of the affairs. Therefore, the standing order of the Islamic Consultative Assembly has recognized this entity as the competent authority to discern the reasons and necessity of delegated legislation. Nevertheless, the Guardian Council has in recent years issued some comments which necessitates the Council to confirm the ascertainment of necessity recognized by the Assembly. The Guardian Council considers the necessity due to the legal order and in fact, in the format of the necessity to make law.
 
*E-mail: Jtaghizadehd@yahoo.com
Keywords: Article 85, Delegation, Necessity, Constitution, Legislation
Full-Text [PDF 274 kb]   (457 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اساسی
Received: 2017/11/15 | Accepted: 2017/11/15 | Published: 2017/11/15
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The Concept of Necessity in Article 85 of the Constitution of the Islamic Republic of Iran . Public Law. 2017; 5 (16) :23-40
URL: http://mag.shora-rc.ir/article-1-540-en.html
Volume 5, Number 16 (2-2017) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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