THE GOVERNANCE OF THE FOURTH ARTICLE OF THE CONSTITUTION OVER THE GENERALITY AND APPLICABILITY OF THE REST OF RULES AND REGULATIONS

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PARWIN KHAIROLLAH; AFKARSARAND HAMID; DARVISH MOTAWALLI MEISAM

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Journal: ISLAMIC GOVERNMENT Year:2013 | Volume:17 | Issue:4 (66) Page(s): 109-132

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Title

THE GOVERNANCE OF THE FOURTH ARTICLE OF THE CONSTITUTION OVER THE GENERALITY AND APPLICABILITY OF THE REST OF RULES AND REGULATIONS

Author(s)

PARWIN KHAIROLLAH | AFKARSARAND HAMID | DARVISH MOTAWALLI MEISAM | Issue Writer Certificate

Keywords

THE FOURTH ARTICLEQ2

ISLAMIC STANDARDSQ2

THE ARTICLE OF THE CONSTITUTIONQ2

GENERALITYQ3

APPLICATIONQ2

Abstract

According to THE FOURTH ARTICLE of the Constitution, all the rules and regulations which govern the system of the Islamic Republic of Iran have to be consistent with the ISLAMIC STANDARDS. In fact, this article indicates the necessity that all governing laws be based on the standards of the system of the Islamic Republic of Iran. The words ‘generality and applicability’ are among the terms used in the science of principles (Ilm al-Osul) which the faqihs (Muslim Jurisprudents) of the Assembly of the Experts have intelligently included into THE FOURTH ARTICLE when drawing up the Constitution. The GENERALITY and applicability stipulated in the mentioned article are used to explain the extent to which the rules and regulations of the legal system of the Islamic Republic of Iran are Islamic and show that the governance of ISLAMIC STANDARDS embraces not only rules and regulations but the articles of the Constitution as well. In other words, besides the necessity of consistency of the articles of the constitution with ISLAMIC STANDARDS, all the items, notes and clauses of any law or decision governing Islamic republic government have to be consistent with the Islamic Law. The consistency of rules and regulations with ISLAMIC STANDARDS is applicable to the rules and regulations which were approved before and after the Islamic Revolution of Iran. It also includes any rule which has an executive guarantee that comes under the title of rule and regulation.

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References

قانون اساسی و مبانی حاکمیت دینی در قانون گذاری (بررسی اصول دوم و چهارم)

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APA: Copy

PARWIN, KHAIROLLAH, AFKARSARAND, HAMID, & DARVISH MOTAWALLI, MEISAM. (2013). THE GOVERNANCE OF THE FOURTH ARTICLE OF THE CONSTITUTION OVER THE GENERALITY AND APPLICABILITY OF THE REST OF RULES AND REGULATIONS. ISLAMIC GOVERNMENT, 17(4 (66)), 109-132. SID. https://sid.ir/paper/99655/en

Vancouver: Copy

PARWIN KHAIROLLAH, AFKARSARAND HAMID, DARVISH MOTAWALLI MEISAM. THE GOVERNANCE OF THE FOURTH ARTICLE OF THE CONSTITUTION OVER THE GENERALITY AND APPLICABILITY OF THE REST OF RULES AND REGULATIONS. ISLAMIC GOVERNMENT[Internet]. 2013;17(4 (66)):109-132. Available from: https://sid.ir/paper/99655/en

IEEE: Copy

KHAIROLLAH PARWIN, HAMID AFKARSARAND, and MEISAM DARVISH MOTAWALLI, “THE GOVERNANCE OF THE FOURTH ARTICLE OF THE CONSTITUTION OVER THE GENERALITY AND APPLICABILITY OF THE REST OF RULES AND REGULATIONS,” ISLAMIC GOVERNMENT, vol. 17, no. 4 (66), pp. 109–132, 2013, [Online]. Available: https://sid.ir/paper/99655/en

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