What Is the Codification and Why It Has not Been Achieved in Iran? (A comparative study of Iran, France and the United States)
In Iran’s legal system, the "Codification" (کودیفکاسیون) was initially used without any translation into Persian in Article 4 of the "Regulations for the Establishment of Consultative Commissions on Legal Administration" (1963). Later, it was translated into Persian as "Tanqih" and "Tadwin" due to the lack of an exact equivalent in Persian. The use of these two words for translation of codification, led to a significant challenge in the legislative system, as it was believed that "Tanqih" referred to "Depuration" or distinguishing valid from invalid laws and regulations, while "Tadwin" referred to "Compilation" or preparation of legal collections. This resulted in confusion and misunderstanding, causing the concept of "Codification" to be forgotten for decades. This article aims to correct the interpretation and presentation of the claim that the Incorrect translation and interpretation of the term “codification”, has resulted in an excessive emphasis on these two terms, leading to neglect of the actual process of "Codification". This has prevented Iran's legal system from focusing on the ultimate goal, which is the “Code”. Through a comparative study, this article examines and discusses the concept, elements, characteristics, and product of the process of codification. It is based on the authors' studies and experiences in codifying "Iran’s Health Code."
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.