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Issue Info: 
  • Year: 

    2021
  • Volume: 

    9
  • Issue: 

    30
  • Pages: 

    25-50
Measures: 
  • Citations: 

    0
  • Views: 

    796
  • Downloads: 

    0
Abstract: 

One of the goals of the Islamic Republic of Iran is to assure compliance of the legal norms with the religious Criteria. In line with this, non-contradiction of all legislations and regulations with Islamic criteria is reviewed by the Jurists of the Guardian Council, based on the Article 4 of the Constitution. On the other hand, the Supreme Council of the Cultural Revolution is one of the legal normative bodies that has not yet provided a specific mechanism for assessing its Enactments by religious Criteria. Accordingly the main question of this study is to examine the desirable mechanism for Religious Review of the Supreme Council of Cultural Revolution's Enactments by the Jurists of the Guardian Council in the legal system of Iran? In this research, using the descriptive-analytical method, this hypothesis was proved that the desirable mechanism to ensure the conformity with Islam for typical Enactments of the Supreme Council of the Cultural Revolution is to exercise the “ a priori” and “ active” review of the Jurists of the Guardian Council. One of the most important benefits of this model is to ensure the maximum Islamic conformity of these Enactments.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2023
  • Volume: 

    26
  • Issue: 

    103
  • Pages: 

    181-206
Measures: 
  • Citations: 

    0
  • Views: 

    50
  • Downloads: 

    7
Abstract: 

One of the most important aspects of the idea of constitutionalism is the idea that principles and foundations exist beyond ordinary laws, and that, in a hierarchical order, laws contrary to those principles are identified and functioned by specific institutions, Unapproved or invalidated. In these circumstances, the existence of an institution that is able to approve and implement resolutions without legal excuses, or even beyond the law, is a violation of the Constitution. The establishment and multi-year legislative activity of the so-called "Supreme Economic Coordination Council" in the country seems to be an example of this situation. The Council was naturally formed based on the exceptional situation prevailing in the country(Islamic Republic of Iran) , but did not take advantage of the mechanism in Article 79 of the Constitution, which provided for such conditions, and as a result, due to the uncontrollability of these Enactments, Has violated the rules and regulations.

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Author(s): 

NAJAFI MEHDI

Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    7
  • Pages: 

    431-449
Measures: 
  • Citations: 

    0
  • Views: 

    2651
  • Downloads: 

    0
Abstract: 

Among the institutions and organizations of the government of the Islamic Republic of Iran, the Supreme Council of the Cultural Revolution, acts as a legislative center. Despite the fact that the institution has been established for two decades, its legal status has not been taken seriously. Even in the sources of the fundamental rights of our country, it has not been discussed because of not being mentioned in the constitution. The issuance of Imam Khomeini's decree of the Supreme Council of the Cultural Revolution to form a Cultural movement is considered. During its two decades of activity, the Council has taken a lot of Cultural affairs and has passed many resolutions. There were challenges in the past regarding the status of this Council and its legal nature, as well as its duties and functions. With the rejection of some of the laws of the Islamic Consultative Assembly by the Guardian Council, this debate has become important due to its contradiction with Islamic norms and the constitution. Legal review of the decisions of the Supreme Council of the Cultural Revolution is necessary and necessary, but the level of participation of the people in these decrees is also important. It is hoped that the results will be evaluated and used by this Council and other Cultural institutions.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    27
  • Issue: 

    97
  • Pages: 

    7-30
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

Aim: The purpose of this research is to examine the approvals of the Supreme Council of Cultural Revolution between the years 1996-1997.Method: The current research is based on a combined approach. Based on this, this research aims to answer the question of what were the approvals of the Supreme Council of Cultural Revolution between 1996-1997.In the first stage, when the quantitative method was used, we analyzed the quantitative data with the chi-square, single-sample statistical method in the SPSS25 software environment.Results: The Supreme Council of the Cultural Revolution is considered as the legislative center and as the Supreme authority for policy-making, determining the policy, making decisions and guiding the Cultural, educational and research affairs of the country within the framework of the general policies of the system. With the determination of the new composition of the Council in 1996 by the Supreme Leader of the Supreme Council, the Cultural Revolution entered a new stage.At this stage, the Supreme Council of the Cultural Revolution was obliged to deal with the Cultural management of the society at the top of its activities. The strategic policy of the Supreme Council of the Cultural Revolution between the years 1996-1997 is significant.Conclusion: Quantitative results show that universities and higher education in 72 cases (53.5 percent), women in 17 cases (12.00 percent), higher Councils in 26 cases (18.3), and education in 11 cases (7.7 percent) and other subjects are twelve cases (8.5). In the second stage, we explained these data with a qualitative method and we obtained the following results that universities and higher education received the most attention and success in the Supreme Council of the Revolution.

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Author(s): 

Soltani Seyed Naser

Issue Info: 
  • Year: 

    2021
  • Volume: 

    50
  • Issue: 

    4
  • Pages: 

    1463-1485
Measures: 
  • Citations: 

    0
  • Views: 

    127
  • Downloads: 

    0
Abstract: 

After the process of codification of the constitution, with all its complexities of review, a number of unwritten procedures and rules are formed around each principle of the constitution or even separately which are occasionally appeared as the conditions and bounds for the principle of the constitution. Such rules are sometimes so prominent and superior that are able to alter the competence of the public authorities. Representing a true, precise image of constitutional system would not be possible without explaining such rules. Therefore, a methodological drawback can be indicated in the current description of the constitution. Moreover, considering this issue is important in the sense that it can enlighten the more profound layers of The Constitution of Islamic Republic of Iran, resulting in a better recognition of this constitution. In the present study, one of the unwritten principles of The Constitution of Islamic Republic of Iran, named Supreme Council of the Cultural Revolution, is investigated. The process of formation and development of the Council is explored. The condition in which the Council was established as well as the story of its setting, despite the challenges, is described.

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Author(s): 

SHARIF M.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    7
  • Issue: 

    15-16 (SPECIAL OF LAW)
  • Pages: 

    213-248
Measures: 
  • Citations: 

    1
  • Views: 

    6203
  • Downloads: 

    0
Abstract: 

One of the issues that challenges the order based on rules of laws in our country, is variety of the bodies establishing norms of behavior. Although according to the Iranian Constitution Majlis has the authority to establish the law, provided to the approval of the Council of Guardians, the Constitution has created some other bodies that has narrowed Majlis' authority. The Supreme Council of National Security, that its approvals are enforceable after endorsement by the leader is and example of these bodies. The Expediency Council alleges that it has authorities of this kind. Besides, in our legal system, some other bodies such as Supreme Council of Cultural Revolution and Supreme Administrative Council have been given the right to make laws. On the same line, one may add Hokme Hokomti (awards of the leadership), and the decisions made by special representatives of the President, appointed according to Article 127 of the Constitution.This paper is intended to look at the position of the Supreme Council of Cultural Revolution to find out the stand of its approvals in the hieratical arrangement of the regulations, as well as its relationship with other bodies such as Council of Guardians, Administrative Court of Justice, and Majlis. Since such a body cannot be found in other countries, a comparative study could not be done. However, limitations in getting access to some necessary documents, also has imposed some negative effects on this paper.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    11
  • Issue: 

    3
  • Pages: 

    105-141
Measures: 
  • Citations: 

    0
  • Views: 

    654
  • Downloads: 

    0
Abstract: 

The Supreme Council of Cultural Revolution as one of the institutions that has been created in the first years of the revolution, has always posed challenges in the Iranian legal system. One of the most important issues related to the activities of the institution is violating the jurisdiction of legal institutions of the country and in particular three branches of government. In the field of entry into legislative competence, we can say about the legislation, policymaking, demarcation of freedom of the press, ratification of international treaties and interpretation of the constitution. And among the violation of executive competence, entering into budgeting and violating the qualifications of ministries are more important. Finally, regarding the violation of the judiciary's independence, violation of the right to fair procedure, the jurisdiction of the administrative justice court and the general inspection organization have been struck by this Council and also Council enacted provisions in the field of judicial formation, bills and prisons which led to the limitation of the legislative competence. The most prominent consequences of violation of these qualifications are spending founds, parallelism, bureaucracy, government authority, deprivation of individual initiatives, preventing citizens from participation in decision-making and denial of representation theory. In this article, we intend to provide necessary grounds in order to amend the current situation by reviewing Council's regulations, and identify social pathologies regarding Council's activities.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2021
  • Volume: 

    24
  • Issue: 

    94
  • Pages: 

    189-214
Measures: 
  • Citations: 

    0
  • Views: 

    309
  • Downloads: 

    0
Abstract: 

The nature of the regulations of the Supreme Council of Cultural revolution in the legal system and hierarchy of law sources, have preoccupied some researchers and the recognizing the status of these regulations seems necessary. Therefore, there have been expressed diverse views about the nature of the regulations by scholars to answer this question that whether the nature of these regulations is policymaking, lawmaking or rulemaking? with regard to this issue that the policymaking is based on the principle of rule of law and predetermined competence of legislature from one side and as well as if we consider this Council as a lawmaker institution, we contradict the exclusive competence of parliament in legislating on the other hand, and also with regard to this issue that the devolution of competence for rulemaking is in the legislature competence, therefore it seems unlikely to consider the regulations of the Council as one of the aforementioned titles and imagine legal effect for them. Therefore, in this paper I attend to clear the nature of this regulations and I'll try to with regard to the Council's regulations examine this issue that whether these regulations are adaptable to these notions (policy making, lawmaking and rulemaking) or not?

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Author(s): 

BANAYI OSKUYI MAJID

Issue Info: 
  • Year: 

    2016
  • Volume: 

    45
  • Issue: 

    4
  • Pages: 

    631-665
Measures: 
  • Citations: 

    0
  • Views: 

    2226
  • Downloads: 

    0
Abstract: 

Pursuant the act of annulling the scholarship of some students by ministry of sciences, researches and technology, those students proceed against the ministry before the administrative court of justice. Albeit the court accepted the memorials, but the other way round, the court refused to adjudicate the case according to the act 630, ratified on 1387 S. H. by the high Council of Cultural Revolution. It was a wrong and unprecedented action by the court which it will result in a corrupted consequence that will waste the right of people and even may cause controversies over the court and its organization. Pursuant to the fear of the probable wasting the right of individuals in future and harms of the negation of the self-desired competence of Administrative Justice Court, I am going to study the respectable refusal of the court from a judicature. I won’t challenge the nature of the act of the ministry because it’s lie with the court to scrutinize such act on the basis of rules and regulations.

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Journal: 

MODIRIAT-E-FARDA

Issue Info: 
  • Year: 

    2007
  • Volume: 

    5
  • Issue: 

    17
  • Pages: 

    89-99
Measures: 
  • Citations: 

    0
  • Views: 

    1916
  • Downloads: 

    0
Abstract: 

Due to the essential role of the Supreme Council of Cultural Revolution Council as the highest Cultural reference in the Islamic republic system, and the Cultural engineering duty in the country, it was necessary to undertake a fundamental revision in the supervisions of system and the prosecution of the ratified laws of this Council based on Cultural values.This research project has done this important issue. The researcher, emphasizing on the findings, has given a summary in the paper.This paper takes into consideration the revision in the supervision elements of the Supreme Council with improving and reforming approaches for existing processes as well as the role reengineering and the stance of the Supreme Council in accordance with the Supreme Leader's viewpoints on this Council with a strategic and systematic approach.This paper, besides giving the definition of the key concepts, detects and investigates the Supreme Cultural Revolution Council's reviewed efforts and the major processes for each duty in the Council with emphasis on supervision efforts. Furthermore, it detects and suggests supervision approaches, guiding ways and tools for reforming possible disjunctions and functional deviations in comparison with programs and ratifications. Finally, the researcher has presented the charts for the supervision processes in the original research. The researcher has particularly reported the supervision processes on detecting the necessity of revision of macro strategies, as well as supervising the ratified by-laws, laws, and regulations of the Supreme Council, the rest are available in the original report.

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