The Role and Place Of Depuration in Legislative Drafting

Document Type : Original Article

Authors

1 PhD,Student in Public Law, Faculty of Law and Political Science, Zahedan Branch, Islamic Azad University ,Zahedan, Iran

2 Associate Prof ,Departement of Public Law,Faculty of Law and Political Science,Farabi Campus of University,Tehran, Iran

3 Assistante Prof,Departement of Public Law,Faculty of Law and Political Science,Allameh Tabatabaei University,Tehran, Iran

Abstract

Iran’s legal system is currently facing a lot of inflated, scattered and unrevised laws. This volume of laws, in addition to creating a number of challenges for the country’s legal system, has made it difficult for executive officers and citizens to access valid laws. Also, in some cases, It has caused multiple interpretations and as a result, disagreements between the enforcers regarding the status of the conflicting laws.In this analytical-descriptive research, which was conducted using the library method and interviews with experts, observation and field studies, the question is: how revisions in legislative drafts can lead to the reorganization of laws and the Iranian legal system. This research shows that it is necessary to improve the legislative system and organize the legal system of Iran and create a new legislative order; first, the use of revision of laws in the drafting of legislation should be made mandatory as one of the requirements of the legislative process. Second, the revision during the formulation or the comparison(conflict)of the status of later laws compared to the earlier ones should be done as an explicit(not implicit)abrogation during the drafting of legislative drafts. Third, in order to achieve the desired state of the laws, while categorizing the laws(and creating codes)in the same and similar manner in the three branches and performing subsequent revisions, we should move towards the preparation and formulation of a comprehensive legal codes in various subjects.

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