Inquiry into the rules governing the legislation of the Islamic Consultative Assembly in cases of Constitutional silence, According to the views of the guardian Council

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MANSOURIAN MOSTAFA; NAZARIAN HAMID; Poursoltani Morteza

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Journal Paper

Paper Information

Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2023 | Volume:15 | Issue:1 Page(s): 33-64

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Information Journal Paper

Title

Inquiry into the rules governing the legislation of the Islamic Consultative Assembly in cases of Constitutional silence, According to the views of the guardian Council

Author(s)

MANSOURIAN MOSTAFA | NAZARIAN HAMID | Poursoltani Morteza | Issue Writer Certificate

Keywords

Silence of the Constitution

Criteria for legislation

Interpretation of the Constitution

guardian Council

Rights of the organizer of public forces

Rules protecting rights

freedoms

Abstract

Based on Articles 71 and 72 of the Constitution, the Islamic Consultative Assembly has the general legislative power within the framework of the provisions of the official religion of the country and the principles of the Constitution. Therefore, it is conceivable that the subjects to be legislated cover a wide range of social concepts and institutions for which there is no direct provision in the constitution. The existence of such an issue makes it difficult to determine the inconsistency of parliamentary resolutions with the constitution within the silence of this law. The present study is based on analytical method and using library resources to find the answer to the question "What are the Criteria for legislation or the role of the Islamic Consultative Assembly in cases of constitutional silence? " and "How well these rules have been followed in the practice of the guardian Council. "The findings showed that in general, the two criteria "rules that protect the rights and freedoms of individuals should not be weakened" and "the balance in the rules of organizing public forces should not be disturbed" can be used to measure parliamentary approvals in the field of constitutional silence.

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APA: Copy

MANSOURIAN, MOSTAFA, NAZARIAN, HAMID, & Poursoltani, Morteza. (2023). Inquiry into the rules governing the legislation of the Islamic Consultative Assembly in cases of Constitutional silence, According to the views of the guardian Council. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 15(1 ), 33-64. SID. https://sid.ir/paper/1053364/en

Vancouver: Copy

MANSOURIAN MOSTAFA, NAZARIAN HAMID, Poursoltani Morteza. Inquiry into the rules governing the legislation of the Islamic Consultative Assembly in cases of Constitutional silence, According to the views of the guardian Council. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2023;15(1 ):33-64. Available from: https://sid.ir/paper/1053364/en

IEEE: Copy

MOSTAFA MANSOURIAN, HAMID NAZARIAN, and Morteza Poursoltani, “Inquiry into the rules governing the legislation of the Islamic Consultative Assembly in cases of Constitutional silence, According to the views of the guardian Council,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 15, no. 1 , pp. 33–64, 2023, [Online]. Available: https://sid.ir/paper/1053364/en

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