Legislative referendum in the legal system of the Islamic Republic of Iran

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TAHAN NAZIF HADI; Momtaznia Mohammad Saeed

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Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2020 | Volume:20 | Issue:2 (50) Page(s): 421-448

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Information Journal Paper

Title

Legislative referendum in the legal system of the Islamic Republic of Iran

Author(s)

TAHAN NAZIF HADI | Momtaznia Mohammad Saeed | Issue Writer Certificate

Keywords

Semi-indirect DemocracyQ1

Article 59Q1

Citizen's initiativeQ1

Legislative ReferendumQ1

Guardian CouncilQ2

Abstract

One of the essential tools of direct democracy in democratic systems is the referendum. There are ambiguities around the Legislative Referendum which is the most commonly used means, also recognized in Article 59 of the Constitution of Iran, including the meaning of the terms of this article, the role of sovereign institutions such as the Guardian Council, and the status of the outcome of the referendum in the country's norm hierarchy. This descriptive-analytic research highlights that the constitutional control by the Guardian Council places before the referendum, and it has no right to control the outcome of the referendum. Also, in the statutory law, the type of referendum based on its condition's, the Citizen's initiative, as well as how to identify the most critical issues and the appropriate quorum for the ratification of the outcome shall be recognized.

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APA: Copy

TAHAN NAZIF, HADI, & Momtaznia, Mohammad Saeed. (2020). Legislative referendum in the legal system of the Islamic Republic of Iran. ISLAMIC LAW RESEARCH JOURNAL, 20(2 (50) ), 421-448. SID. https://sid.ir/paper/229516/en

Vancouver: Copy

TAHAN NAZIF HADI, Momtaznia Mohammad Saeed. Legislative referendum in the legal system of the Islamic Republic of Iran. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2020;20(2 (50) ):421-448. Available from: https://sid.ir/paper/229516/en

IEEE: Copy

HADI TAHAN NAZIF, and Mohammad Saeed Momtaznia, “Legislative referendum in the legal system of the Islamic Republic of Iran,” ISLAMIC LAW RESEARCH JOURNAL, vol. 20, no. 2 (50) , pp. 421–448, 2020, [Online]. Available: https://sid.ir/paper/229516/en

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