Optimal Interaction Model between the Parliament and the Supreme Council of Cyberspace in the Legislative System

Document Type : Original Article

Authors

1 Guardian Council Research Center

2 Faculty of Law and Political Science, University of Tehran

10.22034/qjplk.2025.2087.1872

Abstract

The Islamic Consultative Assembly, based on Article 71 of the Constitution, has the general authority to legislate. On the other hand, the Supreme Council of Cyberspace, based on the jurisprudential decree of the Supreme Leader and Article 57 of the Constitution, has the authority to enact rules within the specified framework determined by the Supreme Leader. Concurrent legislation by these two bodies has led to challenges and damages in the country's legal system. This research, using a descriptive-analytical approach and relying on library studies, seeks to provide a suitable model for rule-making by the Parliament and the Supreme Council of Cyberspace and to answer the question of what the optimal model of interaction between the Parliament and the Supreme Council of Cyberspace in the legislative system is.The findings of the research show that if the Supreme Council of Cyberspace has initially enacted a rule on a particular matter, the Islamic Consultative Assembly should not explicitly violate or repeal it, but it can supplement or reiterate the resolution. Also, the Islamic Consultative Assembly cannot oblige the Supreme Council of Cyberspace to perform certain tasks in its laws. On the other hand, if the Parliament has initially enacted a law, the Supreme Council of Cyberspace cannot explicitly violate or repeal the enacted laws, but it can supplement or reiterate the enacted laws. Also, the Supreme Council of Cyberspace does not have the authority to legislate in areas that are explicitly assigned to the Parliament by the Constitution (such as imposing taxes, punishments, etc.) and does not have the authority to oblige the Parliament to enact or amend laws.

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Articles in Press, Accepted Manuscript
Available Online from 31 August 2025
  • Receive Date: 27 November 2024
  • Revise Date: 06 April 2025
  • Accept Date: 31 August 2025