The Legal Basis for establishing a Council by the Government

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Soodmandi Abdolmajid; Abbasi Mahmood

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Administrative Law Year:2025 | Volume:12 | Issue:41 Page(s): 152-210

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

The Legal Basis for establishing a Council by the Government

Author(s)

Soodmandi Abdolmajid | Abbasi Mahmood | Issue Writer Certificate

Keywords

Administrative Council

Binding Council

Recommending Council

Consultative Council

the Constitution of the Islamic Republic of Iran.

Abstract

Iran's Constitution of 1358 was silent about the authority of the legislative and executive branches to establish a council, and amendment of 1368 only allowed the cabinet to establish a council (principles 127 and 138). Therefore, this question is raised: what was the basis for establishment of councils by different government institutions? In order to answer this question, the Constitution was analyzed and it was observed that according to the principle of prohibition of delegation of authority in public law, the authority to establish a council depends on the binding feature of the council's authority. Based on this, establishing a Binding Council is allowed exclusively according to principle 127. Establishing a Consultative Council has always been allowed by all government institutions because it does not require delegation of authority. Establishing a Recommending Council to the institution created the council has always been allowed by all government institutions, but establishing a Recommending Council to other institutions is allowed only according to principle 138. In addition, despite that establishing a council by the parliament is against the constitution and therefore, it is not possible to delegate the authority to establish a council from the parliament to the government, however, due to the fact that the Guardian Council has allowed the creation of all three types of councils by the parliament, the delegation of the above authority is also allowed.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans