A Study On The Feasibility Of Abrogated Rules And Regulations By The Means Of The General Policies Of Iran’ s Political System

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Haji ali khamseh Morteza

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Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2020 | Volume:21 | Issue:1 (51) Page(s): 267-290

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Title

A Study On The Feasibility Of Abrogated Rules And Regulations By The Means Of The General Policies Of Iran’ s Political System

Author(s)

Haji ali khamseh Morteza | Issue Writer Certificate

Keywords

The General Policies of Iran’s Political System

Rules & Regulations

Abrogation

Legal norms

Hierarchy of norms

Legal loopholes

Abstract

According to first part of Article number 110 of the IRI’ s Constitution, The general policies of the system-which are considered among the duties and powers of the Supreme Leader-are strategies that are formulated and determined based on the goals and ideals mentioned in the Constitution of the Islamic Republic of Iran. The country's macro-frameworks and orientations are in line with achieving goals and aspirations. This issue acts as a political instrument in the hands of the leadership of the Islamic society and in order to lead the society in the direction of values. It also determines the framework of the action of three powers (legislative, Executive & Judiciary), including the adoption of laws and regulations. Among the important issues regarding the legal system governing the general policies, is the ratio of the existing laws and regulations and contrary to the new enacted policies, which play a great role in influencing and improving the functioning of this new legal establishment in the Iranian political and legal system. Accordingly, this paper seeks to answer the question: “ Is it possible for laws and regulations to be abrogated because of their contradiction to the general policies of the system? ” Using the "analytical" method and with the help of library collection of resources and information In this study, the author believes that “ due to the normative nature of the general policies of the system, the legal effects which depend on Legal norms, will be applicable for the general policies of the political system, including the Abrogation of the Legal norms of higher (in the Hierarchy of norms); However, legal mechanisms must be considered to solve the practical problems of this work or minimize it. This proposal is done in this regard.

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APA: Copy

Haji ali khamseh, Morteza. (2020). A Study On The Feasibility Of Abrogated Rules And Regulations By The Means Of The General Policies Of Iran’ s Political System. ISLAMIC LAW RESEARCH JOURNAL, 21(1 (51) ), 267-290. SID. https://sid.ir/paper/955908/en

Vancouver: Copy

Haji ali khamseh Morteza. A Study On The Feasibility Of Abrogated Rules And Regulations By The Means Of The General Policies Of Iran’ s Political System. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2020;21(1 (51) ):267-290. Available from: https://sid.ir/paper/955908/en

IEEE: Copy

Morteza Haji ali khamseh, “A Study On The Feasibility Of Abrogated Rules And Regulations By The Means Of The General Policies Of Iran’ s Political System,” ISLAMIC LAW RESEARCH JOURNAL, vol. 21, no. 1 (51) , pp. 267–290, 2020, [Online]. Available: https://sid.ir/paper/955908/en

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