Document Type : Original Article
Highlights
The art of self-regulation in public law
Reflecting on the legislative system of the Islamic Republic
The knowledge of law and in particular the element of law, as one of the prominent human inventions in the field of human sciences, has been created in a specific field and time and in order to meet certain needs of human beings (establishing order instead of disrupting society). Therefore, if we accept the interpretation of "rights as inventions", we can and must give in to that precious knowledge until it unties the knot of the blind problems of today's complex societies and moves according to its main function. Although one of the tools of government regulation to get out of trouble is the establishment of a legal norm (s), in today's democracies, there are other more reassuring ways, especially to prevent "legal rules from becoming ineffective in practice." Of course, one of them can be called self-regulation; A tool that, especially in the field of public law and in the age of rights, can and should be mentioned as a superior art and technique in order to sort things out and solve problems.
Nowadays, paying attention to the concepts, principles and methods of legislation and being very careful in setting those rules and preventing legislative inflation have been paid so much attention by legal scholars and even other branches of human sciences that the knowledge of legislative philosophy and role-playing discussions have been discussed. The unsettled legislative situation in the system of the Islamic Republic and the abandonment of the art of self-regulation in deciding and improving human relations, has made theoretical efforts and its application inevitable in practice.
In the present article, while analyzing the theoretical foundations of self-regulation, by mentioning some examples, the degree of concern for the doctrine of self-regulation in the legislative system of the Islamic Republic has been examined. A closer look at the legislative system of the Islamic Republic shows that despite the constitutional emphasis on the doctrine, the neglect of the doctrine of self-regulation can be considered through two main factors: the multiplicity of legislative authorities and the inflation of legal rules. In other words, ignoring the inherently and accidental characteristics of the legal rule, the existence of parallel and overlapping legislative authorities, and finally the extreme volume of laws and enactments enacted by those institutions, has not left space for effective and efficient use of this doctrine. The issue of "Islamic hijab", "the licensing system in the field of cinema", "student disciplinary regulations", "Islamic councils" are examples of legislative inflation in Iran.
In addition to the Islamic Consultative Assembly, which deals with the criminalization of religious unveiling under the note to Article 638, other institutions have also established a legal rule in this regard. For example, examining the set of resolutions of the Supreme Council of the Cultural Revolution on hijab and chastity, it appears that the institution alone has issued 25 laws in the field of hijab and chastity and public morality. In addition to the above-mentioned institution, the executive and judiciary have also made many regulations in this regard since the beginning of the Islamic Revolution.
Another example of not paying attention to the doctrine of self-regulation in the legal system of the Islamic Republic can be found in the licensing system in the field of cinema, which is increasing day by day through regulation and law, and ignoring the civil society. Cinema and its role in regulation have posed many challenges.
Another example of the domestic legal system's adherence to the use of legislative instruments instead of self-regulation can be clearly found in the subject of "Student Disciplinary Regulations". The widespread application of the concept of crime and the expansion of criminology to the various actions of students in all universities, and ultimately the criminological view of them, is the first issue that highlights the idea of "self-regulatory disregard" in legal regulation of disciplinary issues in universities.
Also, one of the other cases that can be considered in the legal system of the Islamic Republic in the realm of disregard for the doctrine of self-regulation is "Islamic councils". The embedding of councils in the domestic legal system, due to their special importance and current requirements, has received special attention, in particular from the perspective of the constitution. However, the heavy shadow of the Ministry of Interior and other governing institutions such as tetrarch, governor-general, etc. on the councils in the domestic legal system is undeniable. The relatively governmental composition of the Central Dispute Resolution Board, the right to dissolve the council, the right to disqualify members, the rejection of decisions and even interference in the election of mayors by government officials are examples of their supremacy over councils and, ultimately, the ineffectiveness of this local body. It is necessary to break out of the current extreme centralism, strengthen local governance through its implementation through councils, and ultimately benefit from the doctrine of self-regulation.
The negligence of government officials and legislators in the field of self-regulation has caused many harms. This issue can be considered more as one of the factors of inefficiency of the legislative system of the Islamic Republic. The relationship between self-regulation and the type of political system and cultural and social characteristics of countries, as well as the Islamic roots of self-regulation, are issues that require further opportunities.
