Review of the Guardian Council on the Approval of the Statutes of the Public Organizations; Critique of Procedures and Practices

Document Type : Original Article

Authors

1 PH. D Student of Public Law, Faculty of Law, Allameh Tabataba'i University, Tehran, Iran.

2 Assistant Professor, Faculty of Law, Allameh Tabataba'i University, Tehran, Iran.

Abstract

More than 30 years have passed since the enactment of the second paragraph of the Article 85 of the Constitution regarding the Statutes of the governmental organizations. The Guardian Council, due to its competence in reviewing legal provisions related to the ratification of the Statutes of the governmental organizations in terms of compliance with religion and the Constitution, has adopted various approaches. This involves the evaluation based on the principles and standards of public law in order to be able to look at the past, identify weaknesses and problems, and in the next step with the aim of reform, pave the way for the future. The present study seeks to answer the question of whether the procedures and approaches adopted by the council in recent years have been in accordance with the principles and foundations of public law. It seems that they have been corrected and modified in many cases, but on some issues, these approaches should be still reviewed.

Keywords

References

Persian:
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Papers:
1)  Official Gazette, No. 13317, ‘An open session of Iran’s Parliament’, session 241.
2)  Official Gazette, No. 13814, ‘An open session of Iran’s Parliament’, session 486.

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History

  • Receive Date: 28 September 2020
  • Revise Date: 28 November 2020
  • Accept Date: 09 February 2021

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