Legal Reflection on the Structure and Jurisdiction of the Secretariat of the Supreme National Security Council in terms of Passing Resolutions

Document Type : Original Article

Authors

1 PH. D Student of Public Law, Faculty of Law, Tehran University, Tehran, Iran.

2 Professor, Faculty of Law, Tehran university, Tehran, Iran.

Abstract

Passing resolutions, as one of the tasks of the Supreme National Security Council’s secretariat, constitutes one of the most important legal aspects of SNSN’s functions which has been subject to some legal ambiguities. Since Enactments of the secretariat of the Supreme National Security Council are not officially published (just like those of the council itself), the quality of the impact of these enactments on the rights and duties of citizens has also been associated with some ambiguities. Therefore, the important question raised in this field is how and in what way, one can determine the extent of legal competency of SNSN’s secretariat regarding passing resolutions. In the present article, the descriptive-analytical method was used to prove that according to the sources and standards governing the Iranian Constitution, it is clear that the legal principles and documents used for clarification of passing resolutions by SNSN’s secretariat may be criticized; while proponents defend and accept such power in three areas: devolution, resemblance to the internal committees of the parliament and the theory of structure-agency. On the other hand, according to the views of the Supreme Leader of the Islamic republic of Iran, the views of the Guardian Council as well as the legal procedures, it can be argued that the secretariat of the Supreme National Security Council is only qualified to make decisions and provide the ground for rule-making by SNSN. In fact, this secretariat has no independent authority to pass resolutions.

Keywords

References

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History

  • Receive Date: 23 December 2020
  • Revise Date: 20 January 2021
  • Accept Date: 06 March 2021

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