Quality of Participation of the Members of the Islamic Consultative Assembly in the Legislative Process

Document Type : Original Article

Authors

1 Assistant Professor, Faculty of Humanities, Semnan University, Semnan, Iran.

2 PH.D Student of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran

Abstract

Based on various Articles of the Constitution (such as Articles 58, 71 and 85), some processes determined in the Rules of Procedure of parliament and the various decisions of the Guardian Council in this regard, the dominant approach of the legal system should be introduced as maximum and active participation of MPs in the legislative process. The present study, through a descriptive-analytical method, while proving the need for maximum and active participation of MPs in the legislative process, has identified and analyzed the procedures that violate this approach. Based on the findings of this study, some of the procedures of legislation in terms of dependence of some of the proposals and bills on declaration by the opposition representatives, approval of some proposals and bills, including those in the field perpetuating the experimental laws and approval of consolidated proposals as a whole, and also lack of maximum and active participation of the delegates in the debate of the annexes to the proposals and bills - especially the annexes to the budget bills and international agreements - are not in line with the dominant approach of the Iranian legal system. Therefore, modification of the mentioned processes and procedures is expected in order to comply with this approach.

Keywords

References

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Websites:

https://www.icana.ir/Fa/

http://nazarat.shora-rc.ir/

https://www.conseil-constitutionnel.fr/

https://www.senate.gov/

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History

  • Receive Date: 26 April 2020
  • Revise Date: 28 September 2020
  • Accept Date: 01 January 2021

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