75TH CONSTITUTIONAL ARTICLE AND LEGISLATIVE BRANCH’S POWERS IN THE BUDGETING PROCESS

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HOSSEINI SEYED MOHAMMADREZA; FATEHIZADEH MOHSEN; TEHRANI IMAN

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Paper Information

Journal: MAJLIS & RAHBORD Year:2012 | Volume:19 | Issue:70 Page(s): 133-162

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Information Journal Paper

Title

75TH CONSTITUTIONAL ARTICLE AND LEGISLATIVE BRANCH’S POWERS IN THE BUDGETING PROCESS

Author(s)

HOSSEINI SEYED MOHAMMADREZA | FATEHIZADEH MOHSEN | TEHRANI IMAN | Issue Writer Certificate

Keywords

BUDGETINGQ2

LEGISLATIVE POWERSQ2

THE PRINCIPLE OF BALANCE IN THE BUDGETQ2

ECONOMIC ANALYSIS ON LAWQ2

Abstract

The role of legislative branch in the BUDGETING process varies in different countries. This difference sometimes is attributed to countries’ governmental structure. The constitution, which in fact is manifestation of political structure in all countries, determines structure and function of different branches and institutions. In the BUDGETING process, in turn, law has determined tasks and functions of different branches. Thus, legislative branches can be divided in three categories in term of their role in the BUDGETING process: (1) Parliaments of limited powers in the BUDGETING process; (2) Parliaments of unlimited powers in the BUDGETING process; and (3) Parliaments of the balancing powers in the BUDGETING process. Studying the Iranian Constitution shows that Iranian legislature can be categorized as a institution that have power to balance the budget. Thus, although Iranian Parliament has a general power to enact; according to articles 75 and 52 of Iranian Constitution, this power faces major limitations. First, called as general limitation, is necessity of consistency of statutory laws adopted by parliament with the Holy Shariah and the Constitution. Secondly, applied to budget, some limitations has been outlined in articles related to budget in the Constitution. Meanwhile, article 75 is of more importance, which is related to the principle of “balance in the budget”. In other words, the Majlis can not change public income and expenditure so that interrupts the Budget Act. The Guardian Council, in comparatively commenting on proposals by MPs, only is charged with ensuring the seeming compatibility of the legislation passed by the Majlis with the Constitution because it doesn’t have necessary economic means. Therefore, in many cases, it is unclear whether estimated resources are sufficient for paying for costs related to proposals - which if not, an imbalance within budget may follow.

Cites

MODERN FINANCIAL MANAGEMENT, A FORGOTTEN NECESSITY IN URBAN MANAGEMENT RESPONSIVENESS (A CONSIDERATION INTO LEGAL CHALLENGES OF ADMINISTRATIVE BUDGET PLANNING IN IRAN’S LEGAL ORDER)

References

بررسی نحوه تعامل قوای مجریه و مقننه در بودجه ریزی

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APA: Copy

HOSSEINI, SEYED MOHAMMADREZA, FATEHIZADEH, MOHSEN, & TEHRANI, IMAN. (2012). 75^TH CONSTITUTIONAL ARTICLE AND LEGISLATIVE BRANCH’S POWERS IN THE BUDGETING PROCESS. MAJLIS & RAHBORD, 19(70), 133-162. SID. https://sid.ir/paper/224628/en

Vancouver: Copy

HOSSEINI SEYED MOHAMMADREZA, FATEHIZADEH MOHSEN, TEHRANI IMAN. 75^TH CONSTITUTIONAL ARTICLE AND LEGISLATIVE BRANCH’S POWERS IN THE BUDGETING PROCESS. MAJLIS & RAHBORD[Internet]. 2012;19(70):133-162. Available from: https://sid.ir/paper/224628/en

IEEE: Copy

SEYED MOHAMMADREZA HOSSEINI, MOHSEN FATEHIZADEH, and IMAN TEHRANI, “ 75^TH CONSTITUTIONAL ARTICLE AND LEGISLATIVE BRANCH’S POWERS IN THE BUDGETING PROCESS,” MAJLIS & RAHBORD, vol. 19, no. 70, pp. 133–162, 2012, [Online]. Available: https://sid.ir/paper/224628/en

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