Ariannezhad, Ali; Farahani, Mohammad Sadegh; Fattahi Zafarghandi, Ali

doi:10.22034/qjplk.2024.1699.1554

"Proper Administrative System" in the Opinions of the Guardian Council

Document Type : Original Article

Authors

¹ Ph.D. Student in Public Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran

² Ph.D. in public law, University of Tehran, Tehran, Iran

10.22034/qjplk.2024.1699.1554

Abstract

According to Article 94 of the Constitution of the Islamic Republic of Iran, the Guardian Council is mandated to review the resolutions of the Islamic Consultative Assembly for their compliance with Islamic principles and the Constitution. In fulfilling this duty, one of the frequently referenced principles of the Constitution that the Guardian Council focuses on is Article 3, which outlines the duties of the Government of the Islamic Republic of Iran in 16 clauses. Clause ten of this article states "the establishment of a proper administrative system" as one of the government's responsibilities. The term "proper administrative system" is ambiguous and can be interpreted in multiple ways; therefore, clarifying this term is essential. Based on the above premises, analyzing the opinions of the Guardian Council seems effective for achieving this goal. Thus, this research, using a descriptive-analytical method, aims to answer the question: "What is the concept of a proper administrative system according to the opinions of the Guardian Council?" Since the administrative system includes structures, relationships, policies, processes, and administrative procedures, its correctness and appropriateness require it to be based on specific principles. Understanding what constitutes a proper administrative system, based on the opinions of the Guardian Council, relies on extracting these principles from the Council's views. Consequently, this research categorizes the extracted principles in the current legal literature into two thematic groups: first, the principles governing the administrative organization in two sections—organizational structure and human resource employment; and second, the principles governing administrative actions in three sections—general principles, provision of public services, and collection of public fees.

Keywords

Main Subjects

Guardlan Council

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