Methods of Oversight on the Resolutions of Extra-Governmental Councils in the Legal System of Iran

Document Type : Original Article

Authors

1 MSc. Department of Public and International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

2 Assistant Prof, Department of Public and International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

10.22034/qjplk.2025.2109.1891

Abstract

In the Islamic Republic of Iran, alongside the Islamic Consultative Assembly, there are other institutions that engage in rule-making within varying scopes. Extra-governmental councils such as the Supreme Council of Cultural Revolution, the Supreme Council of Cyberspace, and the Supreme Council for Economic Coordination of the Heads of Branches are examples of this. A significant issue arises from the acceptance of the fact that extra-governmental councils in the Iranian legal system create legal rules. The critical concern is the oversight mechanism to examine compliance with rule-making within the jurisdiction of these institutions and whether their rules align or conflict with higher norms. This research, using a descriptive-analytical approach, seeks to answer the question of how oversight over the resolutions of these councils can be effectively implemented. Oversight of the resolutions of extra-governmental councils can be achieved through several means, including public and communal oversight, oversight by the President due to their leadership of these councils, oversight by the Supreme Leader, and religious oversight by the jurists of the Guardian Council. Although judicial oversight by the Administrative Justice Court, according to the new law enacted in 2023, comes with certain considerations, general oversight by judges regarding the resolutions of such councils is also worthy of reflection. Additionally, oversight by the High Supervisory Board for the proper implementation of the general policies of the system and the Guardian Council over the resolutions of extra-governmental councils has also been proposed

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References

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History

  • Receive Date: 31 December 2024
  • Revise Date: 27 January 2025
  • Accept Date: 05 March 2025

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