جستجوی مقالات مرتبط با کلیدواژه "‎parliament" در نشریات گروه "فقه و حقوق"

The budget as the government's financial plan is considered an important issue and approach of the legal system to the steps of offer, approval, implementation and supervision of the budget, will have a direct effect on the proper budgeting and good governance. Article 52 of the constitution, has enumerated competent authorities for offer and approval the budget bill and has emphasized on the accordance with the procedures prescribed by law in this process. With collecting information in a library manner and adopting a descriptive-analytical research method and focus on the phrase ”accordance with the procedures prescribed by law " in Article 52, this paper has analyzed the limits of the authority of executive branch and especially the legislature in finalizing the annual financial plan of the country .In response to the question, what does the basic legislator mean by the above-mentioned phrase and has the legislative body so far adopted a permanent and upper-level legal statute as a budgeting framework? The result of this paper is that the “statute about reforming the country's budget structure” is the newest legal framework that governs on the budgeting process, which the institutions are obliged to offer, approve, implement and supervise the budget based on the provisions of this statute.In addition to the legal criticism of maximum parliament intervention in the executive's budget initiatives, the author has mentioned the idea of the adaptive competence of legislature in adapting the budget bill with the above-mentioned statute and has analyzed its capacities and defects.

Examining the process of constitutionalism in Iran shows that the intellectual currents and thoughts related to the law and legalism of that time, not only could not limit the power of the law-abiding system of the monarchy, but it was also the tyranny that With relatively long survival after the constitution, it blocked the way for any evolution and maturity of the fundamental concept of law and its place in the control of government affairs. The debate that finally ended with the collapse of the authoritarian system after the Islamic revolution has left this tradition of thought, which is the main specialty of the Legislative Assembly in general issues of society. However, by reflecting on the contemporary jurisprudential thoughts as well as the intellectual developments of recent centuries, the concept of law in the West can be seen that the rule of law no longer means that the legislator wants to enact any law, nor necessarily any text that The approval of the legislator is called a law. Therefore, assuming that there is a significant difference between the intellectual thoughts of the constitutional era and the current public law in relation to the concept and functional scope of the law, the conducted research tries to analyze the related documents and information data using the method libraries have been collected, to this question that in the public law of our country, to what extent is the interference of the law in controlling the authorities of the government, and basically, how far is the moderation of this interference? Give a logical answer.

The nature and origin of laws is a topic that has been the subject of serious discussions, especially in the new era, and there are different opinions about it. In the Islamic view, which can be seen in the Constitution of the Islamic Republic of Iran, Sharia is the main source of legislation, and laws that do not conflict with Sharia rules and standards are legitimate. However, in many Islamic countries, despite the existence of religious relations, influenced by secular currents, the confrontation with Sharia has taken a separate path, which has led to serious differences in the field of legislative competence and decision-making regarding Sharia rulings. This paper, tries to analyze the strengths and weaknesses of the Sharia monitoring system of Iran's laws and regulations in terms of "the place of Sharia in the constitution", "the investigating institution" and "the review of the monitoring procedure" using a descriptive-analytical method. Guardian Council in Iran and the Supreme Constitutional Court in Egypt are responsible for this type of supervision, in which the Supreme Constitutional Court of Egypt, with a passive and limited approach to the laws, approves the parliament only in order to comply with the general principles of Sharia law. It evaluates specific criteria and in a judicial process

The Parliament is an example of a society in which the determinants of its size have been less studied. The present article hypothesizes that determining the number of seats in a legislature is a balance between efficiency and representation. One of the important components to achieve the desired efficiency is to have enough people with the necessary expertise to perform the tasks. In case of shortage of personnel and consequently, lack of necessary specializations, the group will certainly not achieve the desired efficiency. Also, the larger the group, the greater the proportion of votes to the number of seats, parties, and representatives of the smaller groups. Based on this, the current research tries to investigate with a scientific-analytical approach through the demographic statistics of the parliaments of different countries, what is the relationship between the number of parliamentarians and the efficiency and representation of that parliament? Also, with a secondary question, after comparing the conditions of the Islamic Council of Iran with other countries in this category, it is tried to check whether the requirement of the two important duties of legislation and supervision (based on principles 71 and 76 of the constitution) with this Hasn't the number of representatives caused excessive use of Article 85 of the Constitution? According to the results, Iran's parliament ranks 236 among the 239 parliaments in the world in terms of the number of representatives. This issue can have a great impact on the efficiency of the parliament and also on the matter of representation.

The history of legal institutions, for instance administrative law institutions, is one of the unknown issues in Iranian legal discussions. Study the history of institutions can help analyze their status and problems. The subject of this article is a historical analysis of the establishment of one of the legal institutions in Iran, Which at that time, like France, was called the Council of State. In the exist sources in Iran about the history of the Court of Administrative Justice in Iran, there is only a brief reference to the law of the State Council of 1339. But the issue of establishing a Council of State since the victory of constitutionalism has been an issue for Iranians. This article by descriptive-analytical method and review of historical documents seeks to examine the question of what attempt have been made from the first parliament to the end of the Qajar era to establish a Council of State in Iran. In this article, by study of the exist sources such as the works of Qajar writers, government decrees, parliamentary laws, government programs and detailed parliamentary debates, we have concluded that There was a correct understanding of this institution and its competencies. But the fear that this institution would contribute to the tyranny and power of the monarchy prevented the establishment of this institution.

Parliamentary oversight is one of the most important consequences of separation of power system which has a great role in regulating power and protecting the rights of citizens. However, several factors and tools saffect this supervision. Considering the important role of political parties in the democratic life of the society and the organization of power, the role of the parties in realizing the desired parliamentary supervision cannot be ignored. Therefore, this article used a descriptive method and analyzed the reliable library sources to answer the question regarding the role of political parties in the application of political tools of parliamentary oversight. In this regard, it was found that coherent organization within the party is very important to fully exploit and direct the monitoring tools. Subjects that have been regulated in many parliaments, regardless of the type of political system and the difference in the degree of success, were able to organize the parliamentary groups, determine the direction of the flow of tools such as questions, notes, impeachment, etc. (whatever issues are raised in the spotlight for everyone), gain public support for the application of those tools, obtain the power to organize and form the composition of special commissions, moderate the dominance of the majority party, and prevent unilateralism.

In our legal system in addition to the judiciary, members of parliament and government are qualified to legislative initiative including Criminalization and Penalization. It is obvious that when several institutions have Similar qualification, implementation of qualification should be in such a way that there is no interference. The most important action to solve this problem is to move in a predetermined direction. But in our legal system, this direction is not foreseen and the existing tools are ineffective.This article, by explaining the current situation regarding the institutions qualified to legislative initiative in criminalization and penalization, the solution to achieving coherence in the application of the competence of the three powers in the legislative initiative, in addition to the need to accept the competence of the legislative initiative of the parliament members and the government in the aforementioned area, presenting the authority of this initiative to the authority judiciary and entering it into the legislative process; because the judiciary has the appropriate tools for efficient legislation regarding criminalization and penalization.

Constitutional law is one of the most important fields of legal knowledge and its close connection with political science has led thinkers in the other fields of humanities to discuss the concepts and principles of this knowledge. Max Weber, one of the most important thinkers of recent centuries, has carefully reflected upon the knowledge of law, especially Constitutional law. He lived in a turbulent time and witnessed the rise of Germany as well as its decline. In the midst of World War I, Weber addressed Constitutional law issues and provided analyses in this regard and later played a vital role in drafting the Weimar Constitution. He was a supporter of the presidentialism and the extraordinary powers of the president, which were enshrined in the Weimar Constitution and later created many problems. This article aims to examine Weber's theory of Constitutional law and to explain his outlook and interpretation towards issues such as the president, parliament, and democracy

Background and In the past decades, people based on their struggles forced the governments to collect taxes and other sources of their income and how to spend it according to the standards of the law. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In all political systems that are based on democracy; People, through their representatives in the parliament, approve the government's budget and supervise the way and how it is spent and the strict implementation of the budget law. In this regard, governments are responsible and answerable to people's representatives in parliament. In all political systems that are based on democracy, the people through their representatives in the parliament approve the government's budget and spend it on how and monitor the strict implementation of the budget law, and the governments are responsible and answerable to the people's representatives in the parliament.

Legislation in modern legal systems is the prerogative of legislatures, based fundamentally on the progressive principle of separation of powers reflected in the work of thinkers such as Monsieur, Hobbes, Locke, and others. However, in exceptional circumstances, methods such as referendums or referral to specific legislative bodies during the period of delay or the passage of pilot laws may be used. In some legal systems, extra-parliamentary institutions have become out of principle and the circle of exceptions has been illegally expanded to include parliament as other legislative body; If most institutions should legislate technically and the scope of competencies in terms of compliance with the principles of legislation. This is important to avoid passing multiple and scattered laws and to get people out of the confusion and know what document to follow as a law. Fundamentally, political and philosophical schools such as liberalism, libertarianism, and republican theory have emphasized the need to at least suffice to preserve the fundamental rights and freedoms of individuals. It is possible to get out of legal parallelism by appealing to the minimal government, the necessity of observing the principle of proportionality, the necessity of paying attention to the philosophy of the principle of separation of powers. In this article, the authors describe the law by the parliament in a descriptive-analytical manner.

Constitutional review is one of the important concepts of constitutional law that, although begun in the nineteenth century and in the United States, grew worldwide in the twentieth century. Initially European countries and gradually other countries around the world also adopted this system.but According to their political system and history; countries have provided many models for it. This theory was founded in the twentieth century by Hans Kelsen in Austria and Germany, and the European tradition first stood against it. The most important criticism of Kelsen was provided by the great German lawyer Carl Schmitt. He believed that this system was contrary to the principle of democracy and did not correspond to the space and history of European countries. If the constitution is to be guarded, the president himself will suffice as a symbol of all people. This article attempts to examine Schmitt's most important critics to constitutional review and his foundations and solutions by looking at Germany at that time. Schmidt's critiques to date have been one of the most important critiques of constitutional review and have been revisited in many ways in many countries.

Today, Regulatory Impact Assessment is a very important process that must be considered in the legislative process. In order to take place, various institutions must play a role. One of the most important institutions is the legislative body of each country. This is observed in many countries that have to perform their duties in this field. Now focusing on the Islamic Republic of Iran’s legal system, the main question is: “what is the position of the Islamic Consultative Assembly in terms of its duties and powers in the implementation of the process of Regulatory Impact Assessment?” To answer this question, using a descriptive-analytical method, it will be stated that the Islamic Consultative Assembly, considering its legislative and oversight duties, as well as the structural capacity of different parts of the Assembly, can play the most important role in the process of Regulatory Impact Assessment. In this regard, the Islamic Consultative Assembly can use the views of civic groups and the help of other institutions to Regulatory Impact Assessment.

Transparency is considered as one of the most important elements of good governance theory. Good governance, according to modern principles of administrative law, requires quick and easy access of citizens to information available to public institutions. People and social institutions should be fully aware of the process of governing the country's affairs and the laws and information available in each area. Lack of transparency is one of the main factors in not controlling corruption and increasing administrative and financial corruption in countries. Which is published annually by Transparency International according to the relevant indicators and its report, so it is necessary to create a free media and information space, provide the basis for transparent operation of the governing bodies, including the important institution of parliament and the legislature. It has to do with the fact that in the Iranian legal system, in relation to transparency in the legislative process, only some issues such as publicity of legislation, publication of laws and information of stakeholders (public awareness), and public access to laws as a right have been addressed, while in addition In addition to the above, the realization of transparency in the legislative system of the country requires "the formulation and implementation of rules of conduct and the implementation of conditional transparency of votes" as well as "the realization of transparency in order to repeal the laws."

Passing low-quality laws, especially laws that are not implemented or at least incompletely implemented, is one of the most important problems of the legislative system of the Islamic Republic of Iran. One of the usual measures for improving the quality of the law, which has been implemented in many countries, is to carry out the process of "Regulatory Impact Assessment" (RIA) before (ex ante) and after (ex post) the enactment of each law. Base on the valid law and procedure in Iran, there is currently no legal obligation to ex ante RIA. In this article, in addition to explaining the competence of the executive branch to carry out the process of ex ante RIA, by mentioning some successful examples, some considerations have been made which needs to be  considered at the beginning of this process; These considerations include initiation of law based on bill, exercising caution not to fall into the "Capability Traps" including "isomorphic mimicry" and "premature load bearing", and the necessity of phasic performance of the RIA process.

1214/5000Supervising the actions of government agents, especially members of parliament, in addition to monitoring its approvals, is one of the basic components of achieving good governance and holding public officials accountable. In Iranian administrative law, the first step in this field took practical form with the passage of the Law on Supervision of the Conduct of Representatives. In this article, an attempt has been made to analyze the current system of monitoring the behavior of members of parliament and identify the challenges facing it in order to improve some of the problems related to the control of government agents. The results of the study show that in the Iranian administrative law system, despite the efforts made to strengthen and monitor the professional conduct of representatives, there are still many shortcomings such as insufficient powers and competencies of the supervisory body and lack of independence in adoption. The decision can be traced that the persistence of these problems, the accountability of the representatives of the nation and the realization of the rights and freedoms of the citizens will face difficulties. Therefore, it is necessary for the domestic legislator to take a comprehensive approach to the law on monitoring the conduct of deputies to address these barriers and shortcomings. These measures include increasing the competencies of the Board for Supervising the Conduct of Deputies, especially in the field of financial violations,

Two important tasks are considered for the Islamic Consultative Assembly, including legislative and oversight. The Islamic Consultative Assembly, using the tools at its disposal, can ultimately support citizenship in the conduct of its oversight. For this reason, it should be said that the role of the parliamentary oversight can, if properly implemented, result in the protection of citizenship rights. Additionally, it should be acknowledged that the parliament's most important role in providing citizenship rights in striving for the rule of law can also be summarized in such a way that the parliamentary oversight should be organized in such a way that the establishment of the rule of law in the community is ensured that the establishment of the rule of law can Supporting citizenship rights is also a great help because many of the human rights violations in the community are not due to lack of law, but if the law is properly implemented, it can provide citizenship rights in the best way. This paper seeks to analyze the role of parliamentary oversight in providing citizenship rights. That is why, after expressing the concept of parliamentary oversight, we will explain the subject of the article.

The idea of ​​separation of powers led to the formation of various legal systems, including the presidential, parliamentary and a mixture of semi-presidential and semi-parliamentary systems with the purpose of preventing the amassing of institutional power, and driving homogeneous issues in the legislative, executive, and judiciary areas toward specialization. Therefore, the comparative and prescriptive study for the Iranian legal system that tends to improve separation of powers and its leadership is an important issue not to be neglected. Accordingly, the current study attempted a comparative prescriptive study of the separation of powers in Iran and Japan. Japan is an Asian country that is quite successful in economics, and like Iran, uses a two-pillar executive power model. Japan’s model of the separation of powers is the monarchy-constitutional parliament, wherein the executive branch, consisting of the emperor and the cabinet, is accountable to parliament. Thus, while examining the differences and commonalities of the systems of separation of powers, the authors have utilized the descriptive-analytical method to explain that the parliamentary model in Japan, for its dominance on the government, faces much less executive tension. Moreover, because legislative and controlling authority is exercised exclusively within the framework of the National Diet[1] does not face normative, executive and even judicial divisions.

AbstractOn the one hand, existence of any ambiguity in explaining the status of development program rules in Iranian legal system, may bring this assumption to mind that some of the acts of parliament have a dominant position in relation to other laws. This assumption is reinforced when the program rules is recognized as a supreme law in some procedures. In this situation, a legal issue arises; Privileged status under the constitution is not recognised but actually the hierarchy of laws in Iran's legal system, faced with a fundamental change. When the set of rules have a single unit in the Iranian legal system, how can recognized and extend the feature's constitution and its consequences to an ordinary law, even if parliament approve it under the program rules?On the other hand, it is possible when we determine the top position for program rules, certainly impose the specific format and limitation of legislative initiative to parliament. When a program rules impose to forces, It is possible that the most important duties of government institutions be affected by the program rules and some of the duties that explicitly stated in the constitution, run out priorities.

Legislative power is one of the main pillars of the Iranian legal system in the Constitution. So, holding open session in the Parliament is one of the important measures to protect the rights and public freedoms, to knowledge of the current affairs and to monitor the performance of the representatives. Meanwhile, if the holding open session in the Parliament endangers national security will certainly be influenced the country. Therefore, with outlined anticipation in Article 69 of the constitution, has provided to the President, one of the ministers, or ten representatives that to proposed holding closed session in Parliament. If the proposal approved, decisions in closed session is valid only with attendance of the total members of the Guardian Council to reach the approval of three-fourths number of the representatives. After the emergency condition disappeared, Reports and resolutions of the closed session should be published to the public. This article is to be analyzed the different aspects of this topic.

Analysis of the parliament’s structure in the Islamic Republic of Iran from the perspective of shar’i legislation   is the goal and concern that the founders of the Islamic Republic have sought to achieve. Manifestations of this importance can be seen everywhere in the constitution Given the past experiences, especially the achievements of Persian constitutional revolution, as well as the use of the experiences of countries with a history of democracy, the constitution has created a structure for the legislature through which to achieve its ultimate goal. Now, after several decades of experience in the legislative structure of the Islamic Republic, it is time to evaluate it according to the fundamental values of the Constitution. To what extent have the three structures of the Islamic Consultative Assembly, the Guardian Council, and the Expediency Council been successful in drafting laws derived from sharia? Is there another way to empower the legislature? This article seeks to explain the shortcomings of the current structure of legislation in the Islamic Republic and believes that this process needs to be changed and improved.