Feasibility of Establishing the Ministry of Environment in the Iranian Legal System

Subject Areas : environmental low

Ali Mashadi ¹ ( Associate Professor of Public Law, Law Faculty, University of Qom, Qom, Iran. )
fatemeh zaboli zavareh ² ( PhD Student of Public Law, Humanities Faculty, Islamic Azad University of Qom, Qom, Iran *(Corresponding Author) )

Received: 2020-05-03 Accepted : 2020-09-13 Published : 2021-05-22

Keywords: Ministry of Environment, Department of Environment, Environmental protection, Legal System,

Abstract :

The Department of Environment is the main custodian of environmental protection and the implementation of Principle 50 of the Constitution. The accuracy of the organization's performance shows the failure of the full and effective implementation of the assigned tasks, which has provided the ground for raising the issue of forming the Ministry of Environment. Proponents of this plan express Reasons like Creating integration and managerial cohesion, structural weaknesses and shortcomings of the legal system and lawful parliamentary oversight and opponents point to the confusion of sovereignty and entrepreneurship, the weakening of the main task of the institutions subject to merging and their different positions, and the difficulty of managing a multi-sectoral institution difficulty of managing a multi-sectoral institution. The present study, with its descriptive-analytical method, seeks to examine the possibility of forming the Ministry of Environment in the Iranian legal system. Studies have shown that fundamental legal problems such as the lack of a comprehensive sustainable development plan and environmental protection developed based on the general policies of the environmental system, as well as the existence of parallel, scattered and old rules and regulations lack comprehensive and systematic approaches to environmental management, affects the management of the department or ministry, and they must be addressed first. However, given the ministry's organizational, social, and legal status in the country's political system, the Ministry of Environment's structure seems to be more successful in creating and implementing these fundamental changes and solving existing problems.

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