JOURNAL OF PUBLIC LAW KNOWLEDGE
Year:2019 | Volume:8 | Issue:23|Papers Count:6

The use of soldiers in civilian institutions and the non-exemption of married persons for the purposes of spousal marriage were among the religious objections of the Guardian Council jurists to "the Proposal of Conscription" approved in 26 December 1983 by the Islamic Consultative Assembly. Notwithstanding the initial objection of the Guardian Council in amendments to the said law, regulations with similar content to the objectionable materials have been approved by the Majlis and approved by the Guardian Council jurists. The question now arises as to why the amendments made to the said law do not include such religious objections. The present article, by studying the library and the descriptive-analytical method and by analyzing the relevant laws and regulations, the decisions and annotations of the Guardian Council's conclusions, concluded that these two objections, while still existing in the context of foreign laws and reality, were ignored by the Council and there is no persuasive reason for this neglect. It is therefore necessary for the Guardian Council of, as the Sharia guardian body, to re-examine the rules of conscription in order to comply with Sharia standards.

According to the Article 55 of the Islamic Republic of Iran’ s Constitution, the Supreme Audit court is determined on financial supervision authority that supervises on the accounts of ministries, institutions, state-owned enterprises and other entities and that somehow use the country budgets. While there are some ambiguities in the Iranian legal system about the competence limits of the institution in financial supervision on public non-governmental institutions as one of institutions with technical decentralization. Therefore the main question of this research is allocated to the limits of competences of Supreme Audit Court in financial supervision on public non-governmental institutions. The present study is done by using library data and in an analytical and applied research method and the author believes that according to legal sources especially by the votes and comments of the Guardian Council as the official interpreter and handling authority of the Constitution and also citing legal evidence of Supreme Audit Court of Iran in financial supervision on public non-governmental institutions limited to consideration and auditing of these credits in the country budgets. Although in the absence of jurisdiction of Supreme Audit Court designing an audit of an independent financial institution as a supervisory authority should be considered by the legislator.

In the Muslim community, Unity principle is the foundation of all other principles and a fundamental pillar in all aspects of society that should manifest. The Islamic government, in this regard, has the task of creating a monotheistic society, and in addition to providing livelihoods and economics in the field of culture, it must actively play the vital role of guiding and providing the moral flourishing of society. Divine precepts taught by the government to citizens, government laws and commands of Allah and the rule of Islam as maximum performance in every aspect of the appearance and apparent in a society based on merit status and dignity of citizens bound and in the light of God's commandments is trying to increase the satisfaction of the Government. Adaptation and tolerance have been at the forefront, the education and preaching and guidance of the people have not been neglected, and the ruling power as the teacher of the Islamic community has a role to play. In order to secure the cultural rights of society by the state, it must be well executed and, in fact, the ultimate goal of the Islamic state, which is to enlighten human society and bring humanity to the position of blessed caliphate. The Islamic Republic's Constitution, which covers the Imamiah jurisprudence and the traditions of Ahlul-Bayt (P. B. U. T), directly and indirectly, in various respects, has the duty of the Islamic government to create a conducive environment for the development of moral virtues based on faith, piety and struggle with all the manifestations of corruption and corruption and the securing of the cultural rights of the nation, it has emphasized that it can be seen in many Constitutions.

According to the articles of the Constitution and laws regarding to the legislation process in the Islamic Republic of Iran legal system, there is no specific limitation for Islamic Consultative Assembly to amend governmental bills except for those that are stated in Article 75. The question that may arise here is that “ To which extent is the Islamic Consultative Assembly free for amending the bills in the legislation process? ” . According to the studies done in this research – both descriptive and analytical – it is concluded that the Guardian Council in the position of complying the statutes of the Parliament with the Constitution has declared that referring to Article 74 and insisting on not making substantial changes in the governmental bills, has set limitations for the Islamic Consultative Assembly to amend the bills. Being restricted to: "the government bill's framework", "the subject of the government bill " and "not making extensive changes to the government bill” are among these criteria. Therefore, in accordance to these criteria, it can be concluded that the the competence of the Islamic Consultative Assembly in amending the governmental bills is restricted to the extent that the nature of the bill is preserved.

To protect workers and to ensure the minimum privileges and job securities for them, the Labor Bill was passed in the Islamic Consultative Assembly, and in numerous important cases, accepted the government's interference in the relationship between employee and employer and restricted the parties' will to conclude the contract. However, the Guardian Council considered mandatory the parties' agreement in labor contracts in accordance with the primary Sharia rule; even though that agreement didn’ t predict minimum wage, vacations and holidays, insurance, severance pay and the like. Indeed, the review of the Guardian Council's comments in this regard indicates that the Council believed in contractual freedom as one of the original Islamic systems and considered its permanent change to be impossible. On the basis of this approach, the Islamic ruler and his agents can only temporarily violate these systems and avoid enforcing them on the basis of necessity and public interest until the removal of the impediments. This article seeks to evaluate the approach of the Guardian Council based on the contractual freedom from the economic perspective. The findings of this study indicate that based on the economic analysis, the Guardian Council's approach, more than that of the current Labor Law, has been to provide both worker and employer benefits and to improve the employment status.

Business freedom is a condition in which individuals can act with personal authority as long as they seek greater economic livelihoods and ownership. Every part of the Index of this freedom has, in its own right, a vital relationship between individuals and the government. On the other hand, general resistive economy policies adopted by the Expediency Council provide the most efficient way to govern the economy. Considering the importance of the subject and the deep relationship between the resistive economy and the principle of business freedom, examining the position of the resistive economy in light of this principle is the subject of discussion in this article. In this study, by analyzing the topic, the general principles of resistive economy were considered and analyzed in the light of the aforementioned principle. The results of this study show that the general policies of the resistive economy and the principle of business freedom have common goals and the proper application and comprehensive implementation of these policies can be effective in achieving the above principle.