The pathology of the government decrees Paradoxes in consideration of the chairman of the parliament Issues of the Principles 85 and 138 of the constitution

Monitoring on the government decrees is of the most important concerns for all law systems so as to guarantee the hierarchy of laws and the rule of law on public regulations which has been followed whether through political institutions or judiciary institutions.The monitoring on government decrees has been granted to a political authority by the principles (85) and (138) and also by the former principle 126 of Iran’s Constitution in order to have the regulatory, like legislation, evaluated and monitored by a political and dominant-on-law authority.The result of this monitoring, according to the mentioned principles and the single article of “Law enforcement of principles 85 and 138 about the chairman of the parliament’s responsabilities“is the abolition of the decrees contrary to the ordinary laws made by the government cabinet or the committees composed of several ministers. Nevertheless, several of lawyers with some evidences are to justify the non-implementation of these principles and legal materials.In this article, citing the mentioned declarations and having them criticized, the writer poses the main reasons of the government decrees Paradoxes with the ordinary laws. Accordingly, the major inconsistencies are due to the abolition and following of some specific interpretations of the law or due to some regulatory or legislative requirements and mistakes.