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:: Volume 5, Number 16 (2-2017) ::
Public Law 2017, 5(16): 41-60 Back to browse issues page
Scrutiny on Incapability of the President for Rule-Making in the Legal System of Islamic Republic of Iran
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Scrutiny on Incapability of the President for Rule-Making in the Legal System of Islamic Republic of Iran
 
Mahdi Balavi1 & Sayyede Zahra Saeid2*
1- Assistant Professor, Tehran university - Farabi campus
2- Ph.D student of public law, Tehran university - Farabi campus
 
Abstract
From the perspective of legal status, public law is based on the concept of competence. Accordingly, the incapability of the political and executive officials is the principle unless it is stipulated in the letter of the law or is essential to exercise the competence. The Constitution, as a national covenant and legal document, is the origin of all the competences. The Article 138 of the Constitution expressively restricts the competence of rule-making into three officials; the council of ministers, each of ministers and the commissions composed of some ministers, and therefore the president isn’t mentioned in this Article. Beside this, the other Articles of the Constitution like 113, 126 and 134 do not prove the president's competence implicitly. The president is not competent in framing regulation individually in the legal system of the Islamic Republic of Iran, hence. He can just reflect his opinions and approaches in the format of the decisions of the council of ministers. This research, first examines the concept of competence and rule-making and then, scrutinizes the issue of the incapability of the President for Rule-Making in accordance with the aforesaid Articles in the format of implicit and explicit competence.
 
*E-mail: Sz.saeid@ut.ac.ir
Keywords: Article 138, Article 113, Article 126, President, Competence, Rule-Making.
Full-Text [PDF 336 kb]   (398 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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Scrutiny on Incapability of the President for Rule-Making in the Legal System of Islamic Republic of Iran. Public Law. 2017; 5 (16) :41-60
URL: http://mag.shora-rc.ir/article-1-541-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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