Analyzing the Term "Performance" in the 90th Article of the Constitution

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Imam Khomeini Educational and Research Institute, Qom, Iran

2 MA. student in Public Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran

Abstract

Article 90 of the Constitution has established the appeal of the people to their representatives, according to which, anyone who has a complaint about the performance of the parliament, the executive or the judiciary, can present it to the Islamic Council. Based on this principle, the 90th principle commission was created, which is obliged to deal with the complaints about the functioning of the three powers. However, the vagueness and generality of the word "methodology" in the aforementioned principle does not give certain limits to the limits of the complaint subject of this principle, due to the necessity or lack of necessity of generality and becoming a method of the complained procedure, as well as the generality or lack of generality of the defendant and the plaintiff. Therefore, the current research has been descriptive and analytical in order to explain the term working method and the limits and loopholes of the complaint subject to Article 90. According to the findings of this research, based on legal and legal evidence, any matter that in some way indicates a continuous method in the three powers, can be complained to in the principle 90 commission, and in this regard there is no difference between general and non-general matters, as well as the defendant and The petitioner does not have an exclusive complaint in the public office, and it will be possible to complain to the responsible person in one of the authorities as long as he returns to the methodical affairs. In general, it can be said that by relying on the meaning of the word "performance", at the same time as confirming the methodical nature of the complaint, the commission of Article 90 of the Constitution is competent to pursue the complaint, and any matter that does not have this description will be outside the scope of the mentioned principle.

Keywords

References

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B) Terms and Conditions
Article 1 of the law allowing correspondence and direct investigation to the Ninth Commission with institutions to handle people's complaints approved on 1981 and its supplementary note approved on 1985.
Law on how to implement Article 90 of the Constitution approved on 1986.
The Constitution of the Islamic Republic of Iran 1989.
Public Law Knowledge Quarterly
Volume 12, Issue 3 - Serial Number 41
September 2023
Pages 161-186

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History

  • Receive Date: 14 August 2022
  • Revise Date: 02 February 2023
  • Accept Date: 20 February 2024

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