Legal Feasibility of Approving the Budget Bill in the Internal Commissions of the Islamic Consultative Assembly

Document Type : Original Article

Authors

1 PhD student in Public Law, University of Tehran,Tehran, Iran

2 PhD student in Public Law, Imam Sadegh University, Tehran, Iran

3 PhD in Public Law, University of Tehran, Tehran, Iran

Abstract

The Article 52 of the Constitution makes the review and approval of the annual budget of the country within the competence of the Islamic Consultative Assembly. On the other hand, Article 85 of the Constitution considers legislation to be within the competence of the Islamic Consultative Assembly and considers the delegation of the approval of laws to the internal commissions of the Assembly to be possible only under certain conditions. This research by using library studies and adopting an analytical-descriptive approach, in the position of explaining the relationship between the Articles 52 and 85 of the Constitution and the feasibility of approving the budget bill in the internal commissions of the parliament has reached the conclusion that the unauthorized approach to experimental budget approval is legally more robust. The license-based approach for experimental approval of the budget, is based on four axes: "Philosophy of the experimental legislation", "Non-fulfillment of the necessity stated in Article 85 of the budget laws", "Exceptional nature of legislative delegation and suffice to axioms in its interpretation" and "budget allocation based on the provisions of Article 85 of the Constitution". On the contrary, the view of the impermissibility of experimental budget approval is based on "Compatibility in the philosophy of experimental legislation with experimental budget law", "Similarity of budget and other laws in terms of "experimental implementation", "Inclusion of general and exceptional rules of legislation in relation to the budget law" and "Presentation of a new analysis of the phrase "Some Laws ".

Keywords

References

1. Abazari Foumashi, Mansour, Terminology of Modern Law, Vol. 1, Mashhad, published by Shahid Dariush Noorollahi, 2013.
2. Agah, ‌ Vahid, "Research on the Theoretical foundations of Experimental Legislation", Journal of Legal Research, No. 19, 2011.
3. Anvari, Hassan, Sokhan Terminology, Vol. 1, Tehran: Sokhan, 2002.
4. Bahadori Jahromi, Ali and Seyyed Hojjatullah Alam al-Huda, "The Competence of the Guardian Council in Recognizing the Need to Delegate Legislation to Internal commissions (Article 85 of the Constitution)", Expert Report of the Research Center of the Islamic Consultative Assembly, Serial Number 11026, 1390.
5. Dehkhoda, ‌ Ali Akbar, Dehkhoda Terminology, Vol. 1, Tehran: University of Tehran: 2006.
6. Detailed Negotiations of the Final Review Assembly of the Constitution of the Islamic Republic of Iran, Tehran: General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, First Edition, 1985.
7. Katoozian, Naser, ‌ Introduction to Law and Study in the Legal System of Iran, Tehran: Enteshar Co., 2006.
8. Najafikhah, ‌ Mohsen, and Mohammad Barzegar Khosravi, "Limits of Jurisdiction of the Islamic Consultative Assembly in Amending the Budget Bill", Practical Research Quarterly of Planning and Budget, Nineteenth Year, No. 125, 2014.

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History

  • Receive Date: 19 September 2020
  • Revise Date: 22 October 2020
  • Accept Date: 08 February 2021

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