Intentionalist Interpretation of the Supreme Leader’ s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’ s Constitution

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Abrishami Rad MohammadAmin; Nikoonahad Hamed

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Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2020 | Volume:21 | Issue:66 Page(s): 382-406

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Information Journal Paper

Title

Intentionalist Interpretation of the Supreme Leader’ s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’ s Constitution

Author(s)

Abrishami Rad MohammadAmin | Nikoonahad Hamed | Issue Writer Certificate

Keywords

Article 110 of the Constitution

issuing referendum

the Supreme Leader

the legislative referendum

the referendum on the constitutional revision

Abstract

The ambiguity regarding the concept considered by the members of the Review Council of the term "issuing referendum" in Article 110(3), has led to this fact that the real role of the Leader in referendum process and the scope of his authority over the types of referenda has remained vague. In this research, it was attempted to explain the concept of the term "issuing of the referendum" based on an intentionalist approach and in the form of descriptive-analytic studies, in order to explain the authority of the Supreme Leader in the process of substantive and legislative referenda. Analyzing the discussions of the members of the Review Council and considering other relevant indications, it could be argued that the term "issuing of the referendum" was intended to identify the practical action of Imam Khomeini in issuing the decree on the beginning of the process of the "Constitutional Revision Referendum" and it should be considered as the Replica of the first sentence of Article 177. Therefore, this authority of the Supreme Leader does not extend to referendum subject to Article 59 of the Constitution.

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APA: Copy

Abrishami Rad, MohammadAmin, & Nikoonahad, Hamed. (2020). Intentionalist Interpretation of the Supreme Leader’ s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’ s Constitution. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(66 ), 382-406. SID. https://sid.ir/paper/953780/en

Vancouver: Copy

Abrishami Rad MohammadAmin, Nikoonahad Hamed. Intentionalist Interpretation of the Supreme Leader’ s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’ s Constitution. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2020;21(66 ):382-406. Available from: https://sid.ir/paper/953780/en

IEEE: Copy

MohammadAmin Abrishami Rad, and Hamed Nikoonahad, “Intentionalist Interpretation of the Supreme Leader’ s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’ s Constitution,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 66 , pp. 382–406, 2020, [Online]. Available: https://sid.ir/paper/953780/en

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