THE PROCEDURE OF THE GUARDIAN COUNCIL REGARDING THE PRINCIPLES AND CRITERIA RULING ON LEGISLATIVE INITIATIVE

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KADKHODAEI ABBAS ALI; ABRISHAMI RAD MOHAMMAD AMIN

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2016 | Volume:5 | Issue:13 Page(s): 1-22

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Information Journal Paper

Title

THE PROCEDURE OF THE GUARDIAN COUNCIL REGARDING THE PRINCIPLES AND CRITERIA RULING ON LEGISLATIVE INITIATIVE

Author(s)

KADKHODAEI ABBAS ALI | ABRISHAMI RAD MOHAMMAD AMIN | Issue Writer Certificate

Keywords

LEGISLATIVE INITIATIVE

GUARDIAN COUNCIL

SUPREME COUNCIL OF PROVINCES

MEMBER’S BILL

GOVERNMENT BILL

JUDICIARY BILLS

Abstract

Explaining and Examining the principles and criteria inferred from the procedure of the GUARDIAN COUNCIL regarding the LEGISLATIVE INITIATIVE, in addition to theoretical results, can make the legislator familiar with the Council's approach in the matter of LEGISLATIVE INITIATIVE and on the other hand, it can provide for reform in the GUARDIAN COUNCIL’s procedure. Therefore, this paper seeks to explain and evaluate these criteria with a descriptive-analytic approach.The study of the GUARDIAN COUNCIL’s procedure implies on four categories regarding these principles and criteria: first, ways of LEGISLATIVE INITIATIVE are limited to the cases stipulated in the Constitution; Second, according to the recent procedure of the Council, the LEGISLATIVE INITIATIVE is correctly considered as a legal privilege and due to this reason is optional, although the Council hasn’t supervised the judicial bills as well; Third, due process of LEGISLATIVE INITIATIVE inferred from the Constitution is necessary and should be supervised by the GUARDIAN COUNCIL. However the GUARDIAN COUNCIL as the supervisory authority of these legal formalities set forth in the code of procedure of the Assembly hasn’t the yet played an active role; Fourth, LEGISLATIVE INITIATIVE in specific areas is a professional matter; so, beside this fact that only the determined authority can make this initiative, the scope of this initiative is constrained to the area of jurisdiction.

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APA: Copy

KADKHODAEI, ABBAS ALI, & ABRISHAMI RAD, MOHAMMAD AMIN. (2016). THE PROCEDURE OF THE GUARDIAN COUNCIL REGARDING THE PRINCIPLES AND CRITERIA RULING ON LEGISLATIVE INITIATIVE. JOURNAL OF PUBLIC LAW KNOWLEDGE, 5(13 ), 1-22. SID. https://sid.ir/paper/366823/en

Vancouver: Copy

KADKHODAEI ABBAS ALI, ABRISHAMI RAD MOHAMMAD AMIN. THE PROCEDURE OF THE GUARDIAN COUNCIL REGARDING THE PRINCIPLES AND CRITERIA RULING ON LEGISLATIVE INITIATIVE. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2016;5(13 ):1-22. Available from: https://sid.ir/paper/366823/en

IEEE: Copy

ABBAS ALI KADKHODAEI, and MOHAMMAD AMIN ABRISHAMI RAD, “THE PROCEDURE OF THE GUARDIAN COUNCIL REGARDING THE PRINCIPLES AND CRITERIA RULING ON LEGISLATIVE INITIATIVE,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 5, no. 13 , pp. 1–22, 2016, [Online]. Available: https://sid.ir/paper/366823/en

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