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,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.

Keywords

Main Subjects

References

Books
Alamutian, A. (2010). Moghadameyi bar Osool va Qavaede Tanqih Qavanin, Asatid va Saheb-Nazaran. Tehran: Research Deputy of Islamic Council Research Center. (in Persian)
Ansari, B. (2020). Osool va Fonoon Qanungozari Tanzim Pishnevis Tarh’ha va Lavayeh, Tanqih va Tadvin Qavanin. Tehran: Dadgostar. (in Persian)
Jafari Langarudi, M. (1997). Terminology Hoquq. Tehran: Ganj Danesh. (in Persian)
Koen-J, M (2011). Goftarhayi dar Qanun va Qanungozari, translated by Vakilian-Hassan. Tehran: Islamic Council Research Center. (in Persian)
Rynearson-A.J. (2020). Qanungozari Gam-be-Gam, Legislative drafting: Step-by-Step, translated by Azadeh Abdulahzadeh Shahrbabaki. Tehran: Samt. (in Persian)
Xanthaki, H. (2022). Qanun Nevisi: Honar va Fanavari Qavaed Tanzimgari, Drafting legislation: Art and Technology of Rules for Regulation, translated by Vakilian-Hassan. Tehran: Samt. (in Persian)
 
Articles
Aghaei-touq, M. (2018). Formal Codification; a missing link in the codification of laws and regulations in Iran. The Judiciarys Law Journal, 83 (106), 1-19.
 Habibnejad, A. and Ameri, Z. (2019). Law-making in the Iranian Legislative System in the Light of Legislative-Drafting Models. Parliament and Strategy, (102), 241-265.
 Habibnejad, A., Haghpanahan, Z. (2022). Comparative Study of The Process of the Legislative Initiative and its Effective Components with Emphasize on the Legislative Audience. Studies in Contemporary Comparative Law, 13(27), 71-100.
Habibnejad, A., Saeid, Z. (2019). The Challenges of the Parliamentary Oversight on the Development Plans, Scientific Research Quarterly of Knowledge of Public Law, 9 (28), 93-114.
Habibnejad, A., Taghizadeh, A. (2018). Legislative Needs Assessment; A Required Element in Competent Legislation. Public Law Knowledge, 26, 25-46.
 Karimi, A. (2007). Osoole Hakem bar Tanqihe Qavanin. Legal Information Quarterly of the Deputy Legal and Affairs of the President's Parliament, (11), 7-17. (in Persian)
 Parvin, Kh., Faramarizi, R. & Pashaei-Amiri, A. (2019). Expurgation of Laws and Regulations; a Step in Ensuring the Principle of Legal Certainty. Public Law Knowledge, 9(30), 95-116.
 Saberi, A., Tahannazeef, H. (2021). Islamic Consultative Assembly & the Necessity of Regulatory Impact Assessment in the Legislative Stage. Public Law Knowledge, 10 (34), 113-132.
Soltani, S.N. (2013). Causes of Failures in Codification of Laws in Iran Legal System, Public Law Research Quarterly, 16 (45), 131-164.
Tahannazeef, H., Hadizadeh, A. (2017). The Nature of the Development Plan Laws in the Legal System of Iran. Public Law Knowledg, 7(21), 101-124.
 
 Documents
Bani Amrian, Z., Eslamipanah, A. (2014). Osool va Qavaede Hakem bar Tanghih Ghavanin va Moghararat dar Nezame Hoquqi Iran, student Thesis. (in Persian)
General policies of the legislative system (2018).
National system of laws and regulations of the country (2022). Datik, October12.
Report of the advisory board for drafting, revision and interpretation of laws (2018). revision committee of laws, annual performance report, March 5, 2020.
Report of the General Directorate of Compilation (2023). statistics of plans and bills of the eleventh period of the Islamic Council, No. 38, May 28.
The memorandum of understanding of the three powers in the field of revising the laws and regulations of the country (1400). guidelines for drafting a comprehensive law. specialized group for drafting a comprehensive law.
The memorandum of understanding of the tripartite powers in the field of revision of laws and regulations of the country (2022). principles and rules of revision of laws (post revision). strategic council for revision of laws and regulations of the country.
The Constitution of the Islamic Republic of Iran (1979).
The Law of Internal Regulations of the Islamic Council (2000).
The Law on Compilation and Revision of the Laws and Regulations of the Country (2010).
Vice President of Political-Legal Researches of the Parliament Research Center (2018). Pathology of the Legislative System of the Republic of Iran (2nd Edition). Legal Studies Office of the Islamic Council Research Center. serial number 16080.

Files

History

  • Receive Date: 13 June 2023
  • Revise Date: 11 October 2023
  • Accept Date: 26 December 2023

Share

How to cite

Statistics