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:: Volume 6, Issue 18 (3-2018) ::
Public Law 2018, 6(18): 23-44 Back to browse issues page
Legal Clarification of the “System's Dilemmas Settlement” in the Constitutional Law Order of Iran
Abstract:   (1085 Views)
Morteza Nejabatkhah1* & Javad Taghizadeh2 & Nafise Zarifi3
 
1- Associate Professor, Mazandaran university
2- Associate Professor, Mazandaran university
3- master of public law, Mazandaran university

Abstract

The term “System's Dilemmas Settlement" is used in the Article 110 (8) of the Constitution as one of the duties and powers of the Supreme Leader. There are some uncertainties regarding this clause, such as the official body and the criterion for declaring and identifying the dilemma, as well as the final entity to provide the solution in respect of that dilemma. These ambiguities will be examined with a descriptive-analytic method in this article. In this regard, due to the detailed deliberations of the Revision Council of the Constitution, it becomes apparent that any dilemma unresolvable through ordinary ways, will be solved by the Leader through the State Expediency Council. Besides, in accordance with the standing order of the State Expediency Council and its practical precedent, in case the Supreme Leader identifies an issue as a dilemma, it will be referred to the State Expediency Council. Hence, the Council cannot directly interfere in a subject as a dilemma settlement, unless the subject is referred to it. The State Expediency Council based on the standing order is recognized as a supreme advisory council for the Leader in solving the dilemmas. Furthermore, the practical precedent indicates the Supreme Leader acts in the manner in which the State Expediency Council presents; although, in some cases, he may conditionally enforce it.
 
 
*E-mail: M.nejabatkhah@gmail.com
Keywords: Powers of the Leadership, Article 110 of the Constitution, State Expediency Council, System's Dilemmas.
Full-Text [PDF 777 kb]   (442 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اساسی
Received: 2017/11/23 | Accepted: 2018/03/25 | Published: 2018/05/16
ص. 23-44
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Legal Clarification of the “System's Dilemmas Settlement” in the Constitutional Law Order of Iran. Public Law. 2018; 6 (18) :23-44
URL: http://mag.shora-rc.ir/article-1-553-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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