Examining the Legal System Governing Administrative Councils within the Executive Branch, Pathology and Providing a Favorable Model

Document Type : Original Article

Authors

1 ph.d of public law, allameh tabatabaei university

2 ph.d student of public law, allameh tabatabaei university

Abstract

One of the pillars of the governing system in the executive branch are the administrative councils. These councils have been developed and increased in a way that has created challenges and problems for the system of public law. Given the fact that the legislature established these councils in the Iranian legal system in [the Persian year of] 1300, the question arises whether this action was in accordance with the standards of public law and the principles of the constitution. Therefore, this paper will examine this issue and a mechanism will be suggested to resolve the problems related thereto. The findings of this study, using legal documents and adopting an analytical-descriptive approach, suggest that the establishment of a council within the executive branch is against the principles of the [Iranian] constitution regarding the structure of the executive, namely articles 60, 57 and 138, and that the only council body within the executive branch recognized by the constitution is the cabinet. However, under article 138 of the constitution, the formation of a commission composed of several ministers is foreseen.  This is subject to the will of the cabinet, not the parliament

Keywords

References

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History

  • Receive Date: 21 May 2022
  • Revise Date: 10 July 2022
  • Accept Date: 30 September 2022

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