The Scope of Leadership Decrees in the Public Law of the Islamic Republic of IranJournal: International Journal of Nations Research (Vol.5, No. 56)
Publication Date: 2020-08-21
Authors : Ahmad Moradpour;
Page : 125-140
Keywords : Scope; Supreme Leader; Leadership Decree; Public Law; Constitution;
Leadership decrees are the authorities vested in the leadership in the Islamic Republic of Iran. Regarding the scope of leadership decrees in the subject law of Iran, the constitution should be scrutinized, in which, this term has not been mentioned anywhere in all 177 principles of the constitution; but its scope is in the form of issues such as determining the general policies of the system, resolving disputes between the three Iranian powers (the executive, the legislature and the judiciary) and regulating the relations of these powers, for which a precise framework is not seen in laws and regulations. Therefore, on the one hand, the legislators have tried to formulate the goals, norms and rules of Islam in the best format under the title of the constitution, and on the other hand, they have tried to not to ignore the possibility of changing the requirements of the time and the emergence of more appropriate methods for implementing Islamic standards - and as a result, inconsistency of some of the principles in the constitution with Islamic rules and principles. Therefore, Article 177 of the Constitution provides for its revision, just as by drafting Article 4 of the Constitution, it has eliminated the possibility of any contradiction between the principles contained in the Constitution and the standards of Islam. In view of the above, it can be stated that the purpose of this article is to determine the exact scope of leadership decree. In order to analyze this issue using descriptive and analytical methods, it was concluded that in the revision of the Constitution, this regulation should be added to the Constitution in the form of a principle.
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