An Analysis of the Right to Employment in the Practice of the Guardian Council and its Comparative Study with the Court of Administrative Justice

Document Type : Original Article

Authors

1 Ph.D. Student of Public Law, Department of Law, Theology and Political Science,

2 Professor of Public Law, Department of Law, Shahid Beheshti University, Tehran, Iran

3 Assistant Professor of International and Public Law, Department of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

4 Associated Professor of Public Law, Department of Law, Shahid Beheshti University, Tehran, Iran

Abstract

One of the primary duties of governments is to create and expand the context for personal talent development, enabling individuals to choose a job and get employed. The long history of human life indicates that, personality development is closely linked to the satisfaction of collective and general needs as well as employment and occupational activities. Employment and its subdivisions make up a substantial part of the Constitution of the Islamic Republic of Iran, and related instances are specified and heeded by legislators in numerous sections. The issue of employment is not limited to particular, state-related affairs but rather stressed throughout the body of the Constitution. Nevertheless, despite its significance, it is not an absolute right, and there are exceptions introduced in the constitutional and ordinary laws for this right. Iran's Guardian Council is responsible for the protection of this right through undivided attention to the matter when approving drafts and bills. They also scrutinize occupational rights in inquiries by the Administrative Court of Justice. The analysis of the procedures and theoretical principles adopted by the Guardian Council regarding the issue of employment sheds light on stances against violations of this right. This paper reviewed a number of bills and approvals as well as inquiries analyzed and commented on by the Guardian Council in terms of conflict with the principles of the right to employment to examine the council's attitude and theoretical principles.

Keywords

References

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Public Law Knowledge Quarterly
Volume 12, Issue 3 - Serial Number 41
September 2023
Pages 73-92

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History

  • Receive Date: 22 May 2020
  • Revise Date: 28 March 2022
  • Accept Date: 14 August 2022

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