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Cites:

Information Journal Paper

Title

Measuring the regulations of the Guardian Council; Fundamentals, realm and controllability

Pages

  11-36

Abstract

 Code writing is one of the most influential and sensitive powers of governance. Using these regulatory tools, government officials directly and indirectly define behavioral frameworks for citizens. The Guardian Council, as the sole legislative body of the Constitution, is enshrined in the Constitution with unique powers, including the interpretation of the Constitution and election monitoring. Considering the legislative records, it indicates that this council, in order to perform its basic duties, directly or with the approval of the ordinary legislator, has initiated various Regulations. This article is concerned with identifying the justifiable basis of the Guardian Council’ s by-laws, the thematic and legal scope of this authority, and the possibility of overseeing the by-laws approved by the council. The findings of the investigation show that the Guardian Council has the authority to write bylaws in accordance with the powers provided for in the constitution and their administrative requirements. The jurisdiction of the Council in the writing of letters is subjectively limited to the powers provided for in the Constitution and is mainly the subject of Articles 4, 85 and 91-99. The limits of this competence of the coun-cil are in terms of rulings, fidelity to the texts of the constitution, observance of the jurisdiction of other institutions and the pillars of constitutional rights, as well as the necessity of setting a rule. In terms of oversight, it was concluded that the judicial oversight of the Administrative Court of Justice over the decisions of the council does not negate the independence of the council and is necessary to ensure the rule of law and the implementation of Article 173.

Cites

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    • References

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    • Cite

    APA: Copy

    Nikoonahad, Hamed, & owrangi, Shabnam. (2020). Measuring the regulations of the Guardian Council; Fundamentals, realm and controllability. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, 2(3 ), 11-36. SID. https://sid.ir/paper/412125/en

    Vancouver: Copy

    Nikoonahad Hamed, owrangi Shabnam. Measuring the regulations of the Guardian Council; Fundamentals, realm and controllability. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH[Internet]. 2020;2(3 ):11-36. Available from: https://sid.ir/paper/412125/en

    IEEE: Copy

    Hamed Nikoonahad, and Shabnam owrangi, “Measuring the regulations of the Guardian Council; Fundamentals, realm and controllability,” JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, vol. 2, no. 3 , pp. 11–36, 2020, [Online]. Available: https://sid.ir/paper/412125/en

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