The Relationship between Program Laws and the Constitution

Document Type : Original Article

Author

Associate Prof, Departement of law, Faculty of Law and Socil Sciences, University of Tabriz. Tabriz, Iran

Abstract

In the existing hierarchy in the Iranian legal system, for many decades, laws have emerged that are known as: "program laws". The basis of these laws must be sought in an attitude that is imbued with characteristics such as "interventionism" or "guidance". The existence of such instruments, doubles the need to address their place in the Iranian legal system. Based on this, reviewing them and comparing these laws with the constitution is one of the central issues of public law knowledge that has been addressed in this paper and this question has been answered: what is the relationship between the program laws and the constitution of the Islamic Republic of Iran? To answer this question, a descriptive-analytical method and library resources were used. The most important results obtained from this research are as follows: first; due to the lack of clarity about the place of these laws in the hierarchy of documents in Iran, we are forced to provide different readings of this situation. Second; by any reading, these laws,  cannot constitute a constitutional restriction, because their relationship with the constitution is of the "longitudinal relationship" type, which inevitably puts them in a lower position than the constitution. Third; the constitution is the final indicator of the legal norm. From this point of view, one can not imagine an atmosphere in which the Constitution of the Islamic Republic of Iran as the ultimate source of interpretation of programmatic laws is realized.

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References

Books
Aghaei Touq, M., Shams, A., Faradi, M. and Mashhadi, A. (2011). The Boundaries of Legislation and Implementation in the Constitution of the Islamic Republic of Iran. Tehran: Presidential Legal Office. (in Persian)
Amid Zanjani, A. (2011). Comparative Constitution. Tehran: Mizan Legal Foundation. (in Persian)
Annotated Report of the Deliberations of the Constitutional Revision Council of the Islamic Republic of Iran. (2002). The Second Volume. Tehran: Islamic Consultative Assembly. (in Persian)
Bourn, J. (2001). Better Regulation: Making Good Use of RIA, London: The Stationery Office.
Bourn, J. (2001). Better Regulation: Making Good Use of RIA, London: The Stationery Office.
Bowes, A. (2019). Planning Law;  A Practical Approach, Oxford: Oxford University Press.
Bowes, A. (2019). Planning Law;  A Practical Approach, Oxford: Oxford University Press.
Chevalier, J. (2016). Postmodern Government. Translation: Seyyed Mojtaba Vaezi. Tehran: Majd Scientific and Cultural Assembly. (in Persian)
Deloney, P. (2012). The Role of Law Drafters in Determining the Content of Laws. Quoted from: Vakilian, H. Speeches in Law and Legislation. Tehran: Islamic Council Research Center. (in Persian)
Hall, P. (2002). Urban and Regional Planning, 4th ed., London: Routledge
Hall, P. (2002). Urban and Regional Planning, 4th ed., London: Routledge
Harisi-Najad, K. (2015). Comparative Constitution. Tabriz: Aydin Publications. (in Persian)
Hashemi, S.M. (2002). The Constitution of the Islamic Republic of Iran. The second volume. Tehran: Dadgostar Publishing. (in Persian)
Kasemets, A. (2001). Impact Assessment of Legislation for Parliament and Civil Society: A Comparative Study. ECPRD Seminar. Tallinn.
Kasemets, A. (2001). Impact Assessment of Legislation for Parliament and Civil Society: A Comparative Study. ECPRD Seminar. Tallinn.
Kelsen, H. (2011). Pure Legal Theory; An Introduction to Legal Theory Issues. Translation: Ismail Nematullahi. Tehran: SAMT. (in Persian)
Kirkpatrick, C. (2001). Regulatory Impact Assessment in Developing Countries: Research Issue. Manchester: University of Manchester.
Kirkpatrick, C. (2001). Regulatory Impact Assessment in Developing Countries: Research Issue. Manchester: University of Manchester.
Levi Brule, H. (2006). Sociology of Law. Translated by Abulfazl Qazi Shariat Panahi. Tehran: Mizan Publishing. (in Persian)
Sadr, S.M. (2003). My Economy. Qom: Bostan Kitab. (in Persian)
 
Articles
Abrishmi-Rad, M. A. and Kodkhodamoradi, K. (2022). A Critical Look at the Content of the Five-Year Development Plan Law in the Islamic Republic of Iran. Legal Research Quarterly, 25(98), 347–372.
Ashtarian, K. (2011). Considerations about the General Policies of the System and Policy Recommendations for the Policy Making System in the Islamic Republic of Iran. Politics Quarterly. Journal of Faculty of Law and Political Science, 40 (1), 1-22. (in Persian)
Cerar, M. (2009). The Relationship Between Law and Politics. Annual Survey of International & Comparative Law, 15 (1), 19-41.
Cerar, M. (2009). The Relationship Between Law and Politics. Annual Survey of International & Comparative Law, 15 (1), 19-41.
Dabirnia, A. (2018). The status of development program rules in the Iranian constitution “Capacity of the program rules in the judiciary operation”. The Judiciarys Law Journal, 83 (106), 69-86. (in Persian)
Esmaili, M., and Tahan Nazif, H. (2009). Analyzing the Nature of the Institution of the General Policies of the System in the Constitution of the Islamic Republic of Iran. Two Quarterly Journal of Islamic Law Research, 9 (2), 93-127. (in Persian)
Laughlin, M. (2008). Constitutional Theory; an Income Based on Public Law. Translated by Mohammad Rasakh. Majlis & Rahbord, 14 (56), 145-186. (in Persian)
Malmiri Markaz, A. (2012). A Reflection on the Boundaries of Policymaking and Legislation - a Case Study: the Provisions of the Law of the Fifth Development Program in the Cultural Field. Majlis & Rahbord, 18 (67), 213-252. (in Persian)
Mulaee, A. (2024). Reading "public Policy" from the Perspective of Public Law. Public Law Studies Quartely. Accepted Manuscript Available Online from 01 January 2024.
Nikonhad, H., Mousavi, N. (2017). Process and Legal Requirements of the Preparation and Approval of the Development plan Laws; Case Study of the Sixth Plan Bill. Quarterly Journal of Public Law Knowledge, 7 (22), 23-46.
Rostami, V., Barzegar Khosravi, M. (2013). The Legal Nature of the Budget (Document or Law). Research Journal of Islamic Law, 15 (2), 77-100. (in Persian)
Rostami, V., Ebrahimi, M. (2017). The Constitution of the Islamic Republic of Iran and the Planning System. Quarterly Journal of Public Law Knowledge, 7 (19), 49-72.
Tahan Nazif, H., Hadizadeh, A. (2017). The Nature of the Development Plan Laws in the Legal System of Iran. Quarterly Journal of Public Law Knowledge, 8 (21), 101-124.
Vizheh, M. (2010). A Reflection on the Hierarchy of Norms in the Legal System of the Islamic Republic of Iran. Rahbord Quarterly, 18 (50), 38-6. (in Persian)

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History

  • Receive Date: 05 August 2023
  • Revise Date: 13 October 2023
  • Accept Date: 28 October 2023

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