The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Designing a desirable model of legislative initiative in Iranian legislative studies law

Document Type : Original Article

Authors
1 Ph.D. Student in Public Law, Department of Public Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Associate Professor of Law, Department of Public law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran.
3 Assistant Professor, Department of Law, Faculty of Humanities, Bojnourd University, Bojnourd, Iran.
Abstract
The Legislative initiative, as a legislative tool at the beginning and inside of the more comprehensive legislative process, is one of the essential issues in the legislative studies law and legislation. Unfortunately, unlike its final product, the law, Iran's legal system has not focused, consistent, and dynamic attention. Therefore, to clarify the importance of this issue and the need to pay more attention to it, based on the existing circumstances, the present study aims to design a desirable model of legislative initiative in Iran legislative studies law by identifying the principles and effective components.

The qualitative research method and thematic analysis had used. The research's data were collected using semi-standard interviews with experts in the field of legislation, elected using the theoretical sampling method. Data were analyzed using the thematic analysis method in the thematic network. Finally, a conceptual model of network measurement had constructed. The qualitative research findings show that the design of the desired model of the legislative initiative includes four comprehensive themes: "comprehension of the concepts, fundamentals, rules, and principles of the legislative initiative"; "Knowledge, expertise and scientific standards in the legislative initiative"; "participation of citizens and utilizing from the mechanisms of civil society"; And is a "specific legislative policy”. In addition, to "validate" the themes and the constructed model, two methods of evaluating the validity of the communicative method and the audit method have been used. To "reliability," two ways of reproducibility and transferability or generalizability have been used.
Keywords
Subjects

  1. References

    Books

    1. Abedi Jafari, Hassan and Mohammad Saeed Taslimi and Abolhassan Faghihi and Mohammad Sheikhzadeh, "Theme Analysis and Theme Network: A Simple and Efficient Method for Explaining Patterns in Qualitative Data, Strategic Management Thought", Volume 5, Number 2, 2011, Serial number 10.
    2. Bagher. Principles and techniques of legislation; Drafting bills, revising and drafting laws. Tehran. Dadgostar Publications. 1399.
    3. G, Rainerson, Step-by-Step Legislation, translated by Azadeh Abdollahzadeh Shahr Babaki, Tehran: SAMT, 1399.
    4. Flick, Ove, An Introduction to Qualitative Research, translated by Hadi Jalili, Tehran, Ney Publishing, Second Edition, 2009.
    5. Judge Shariatpanahi, Seyed Abolfazl. Requirements of Constitutional Rights, Tehran: Mizan Publishing, Edition 51. 1394.
    6. Malmiri Markaz, Ahmad, Rule of Law: Concepts, Principles and Perceptions. Second Edition. Tehran. Parliament. Research Center. 1394.
    7. Moyle, Quinji. Improving the Effectiveness of Parliamentary Legislative Procedures, Compiled and Translated by Hassan Vakilian, Discourses in Law and Legislation, Tehran: Office of Legal Studies, Research Center of the Islamic Consultative Assembly, First Edition. 1390.
    8. Qalipur, Rahmatullah. Gholampour Ahangar, Ibrahim. Public policy-making process in Iran. Tehran. Parliament. Parliamentary Research Center. 1389.
    9. Sarukhani, Bagher, Research Methods in Social Sciences, Volume 2, Tehran: Institute of Cultural Studies and Research, 18th edition, 2014.
    10. Strauss, Anselm and Juliet Carbin, Fundamentals of Qualitative Research (Techniques and Stages of Production of Background Theory), translated by Ebrahim Afshar, Tehran, Ney Publishing, seventh edition. 1397.
    11. Sarukhani, Bagher, Research Methods in Social Sciences, Volume 2, Tehran: Institute of Cultural Studies and Research, 18th edition, 2014.

     

    Articles

    1. Aghaei Togh, Muslim, "Jurisdiction of the Initiative of Law in the Legislative System of the Islamic Republic of Iran", under the supervision of Baqer Ansari, Deputy Minister of Research, Education and Citizenship. 1391.
    2. Habibnejad, Seyed Ahmad and Ahmad, Taghizadeh, "Legislative Needs Assessment; A Required Element in Competent Legislation ", Quarterly Journal of Public Law Knowledge, Year 8, No. 26, 1398, pp. 45-25.
    3. Habibnejad, Seyed Ahmad and Ameri, Zahra, "Law-making in the Iranian Legislative System in the Light of Legislative-Drafting Models", Quarterly Journal of Parliament and Strategy, Twenty-seventh Year, No. One Hundred and Two. PP241-265.
    4. Kamali, Yahya. Sedigheh Sheikhzad Hojoshani and Fatemeh Ahmadinejad, "Implementation of public policies: providing a set of criteria for successful implementation of policies." Journal of Public Policy, Volume 6, Number 2, 1399, pp. 275-253.
    5. Malmiri Markaz, Ahmad, “Disruption of Legislative Initiative in Iran; Teachings for the Eleventh Assembly ", Research Center of the Islamic Consultative Assembly, Office of Economic Studies, serial number 17139, July 2016.
    6. Malmiri Markaz, Ahmed. "Considerations for Performance of Ex Ante Regulatory Impact Assessment in Iran". Quarterly Journal of Administrative Law. Eighth year. No. 26, 1400 pp. 217-195.
    7. Malmiri Markaz, Ahmad and Hassan Vakilian, "legisprudence: in quest of enhancing the quality of legislation Introduction to the Philosophy of Legislation: In an Effort to Improve the Quality of Law", Quarterly Journal of Public Law Research, Vol. 18, No. 51, 2016.
    8. Mirzaei, Iqbal Ali, "Legislation By Reference And Its Problem", Quarterly Journal of Judicial Perspectives, No. 65, (2014)

     

    Latin

    1. Xanthaki, H, Drafting Legislation: Art and Technology of Rules for Regulation, Bloomsbury Publishing, 2014.

     

    Electronic

    1. https://www.researchgate.net/publication/311586693_The_UK_legislative_Drafting_Experience
    2. http://www.toupie.org/Dictionnaire/Initiative_loi.htm.11/12/2020
    3. https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2008)035-e.
Volume 5, Issue 15 - Serial Number 15
Fifth year, 15th issue, ّSummer 2023
Spring 2023
Pages 35-64

  • Receive Date 01 October 2021
  • Revise Date 24 May 2023
  • Accept Date 06 November 2021