Legal Requirements for Delegating The Powers of The President to Deputies in the Constitutional System of Iran Focusing on The Guardian Council’s Decisions

Document Type : Original Article

Authors

1 Assistant Professor of Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

2 M.sc of Public Law, Imam Sadiq University, Tehran, Iran

Abstract

According to Article 124 of the Constitution, the president can delegate some of his legal duties. Deputies of the president are divided into two categories according to the nature of their duties and powers: Deputies who are solely responsible for the affairs of the deputies, whose authority is delegated by nature, and deputies who are also in charge of the apparatus or organizations under the supervision of the President, whose nature of duties is inherent.
The main question of this research is: ”Which duties of the vice-presidents can be performed by the deputies and what are the legal requirements governing this issue?” This is the main challenge that the present article seeks to resolve with a descriptive-analytical approach and by focusing on the opinions of the Guardian Council. The findings indicate that the President can delegate his duties in addition to the main and vertical duties of a person by observing the conditions of delegation. The president has the exclusive authority to determine the duties and powers of the vice-presidents. Political responsibility does not include vice presidents, but parliament can oversee vice-presidents in other ways, while vice-presidents have administrative and judicial responsibilities.

Keywords

References

Refrences:
A) Books and articles
1- Emami, Mohammad and Kourosh Ostvar Sangari (2010), Administrative Law, Volume One, Twelfth Edition, Tehran: Mizan Publishing.
2- Ansari, Valiullah (1374), Generalities of Administrative Law, Tehran: Mizan Publishing.
3- Barzegar Khosravi, Mohammad and Seyed Hojjatollah Alam-ul-Huda (2011), "Execution of executive affairs through vice presidents instead of ministries", A look at the dimensions of the constitutional rights of the Islamic Republic of Iran 1- About the position and jurisdiction of the executive branch, Tehran: Parliament.
4- Safaeifar, Ahmad (2006), "Review of the transfer of legal duties of the President to the deputies", Judgment, No. 60.
5- Tabatabai Motameni (2008), Manouchehr, Administrative Law, Fourteenth Edition, Tehran: Organization for the Study and Compilation of University Humanities Books (Position).
Lotfi, Hassan (2012), "Criteria for the appointment and position of special representatives and vice presidents", a collection of papers presented at the first National Conference on the Executive Power in the Constitutional Law of the Islamic Republic of Iran, Tehran: Shahid Beheshti University, 598-616.
 
B) Rules and opinions of the Guardian Council
1- Constitution of the Islamic Republic pf Iran, 1979 (Rev. 1989).
2- General Accounting Law of the country approved on 6/1/1366.
3- Interpretive Decision No. 1619 dated 3/7/1363 of the Guardian Council.
4- Interpretive Decision No. 101262 dated 2/12/1365 of the Guardian Council.
5- Interpretive Decision No. 4214 dated 1/11/1360 of the Guardian Council.
6- Interpretive Decision No. 91/30/47142 dated 12/4/1391 of the Guardian Council.
7- Advisory Decision No. 5477 dated 23/8/1372 of the Guardian Council.

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History

  • Receive Date: 22 May 2021
  • Revise Date: 26 June 2021
  • Accept Date: 18 July 2021

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