the rule of law and the multiplicity of specific legislative institutions in irans legal system

Subject Areas :

farivar khalili shojaie ¹ , haneh farkish ² , javanmir abdollahi ³ , Ebad Rouhi ⁴

1 - department of law , sanandaj branch , islamic azad university ,sanandaj , iran
2 - department of law , sanandaj branch , islamic azad university ,sanandaj , iran
3 - department of law , kurdistan university , sanandaj , iran
4 - Department of law, sanandaj branch, islamic azad university, sanandaj, iran

Received: 2018-07-28 Accepted : 2019-04-24 Published : 2019-02-20

Keywords: Constitution, Rule of law, Velayat-e Faqih, Certain Legislative Institutions,

Abstract :

The victory of the Islamic Revolution of Iran and, consequently, the adoption of a new constitution adopted from Shi'i jurisprudence and, of course, the modeling of the basic laws of some Western countries, provided the basis for innovations in the legal system of Iran, including the establishment of special institutions He pointed out that he had over many important powers, including legislating and adopting binding decisions, using jurisprudential rules including expediency, secondary and governmental rulings, justice and fairness. On the other hand, critics of the existence of these institutions, based on some reasons, including parallel work in the legislative process, inadequate religious and legal monitoring of their activities, lack of utilization of popular capacities in the selection of members and their activities, and ... the establishment and expansion of activities Such institutions are in contradiction with the concept of rule of law, which was one of the primary objectives of the establishment of the Islamic Republic of Iran. The present paper assumes that the activities of special legislative bodies, despite having some undeniable benefits and benefits, have led to some weaknesses, such as a lack of relevant laws and regulations, a lack of legal oversight and a mild basis on its application, and of all More importantly, the lack of transparency in relation to competences and legal powers actually has serious challenges with regard to the concept of the rule of law. Key words: rule of law, constitution, special legislator, velayat-e faqih