“Organizations, Companies, Institutions Affiliated to the Government” Legal Analyze: the Case Study on the Electricity Distribution Companies

Document Type : Original Article

Author

Assistant Professor, Economic law, Research Center, Islamic Parliament, Tehran, Iran

Abstract

The terms “organizations, companies, institutions affiliated to the government” are used in the constitution and ordinary laws, and no clear and independent definition has been provided for it, so this ambiguity (lack of transparency) has caused the issuance of incorrect judicial decisions (which were not intended by the legislator) in the interpretation of the aforementioned laws. The question of the paper is what concept of these people should be taken into consideration by the legislator and the judges of the courts of law.
In order to answer this question, the constitution, the procedure of the Guardian Council and ordinary laws are studied with an analytical-critical method, and finally, with the case study of electricity distribution companies, the criteria for defining government-affiliated persons are presented. The electricity distribution companies are the big symbol of entities affiliated to the government.
This paper shows the intention of constitution (and so, intention of legislation) to use the term is any person be controlled by government (in its wide meaning); it doesn’t require to be owned by government. So, it is neccesary to be chosen this interpretation of rules by judiciary and executive officials.

Keywords

References

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Public Law Knowledge Quarterly
Volume 12, Issue 4 - Serial Number 42
December 2024
Pages 123-144

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History

  • Receive Date: 02 October 2021
  • Revise Date: 04 December 2022
  • Accept Date: 31 December 2022

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