نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق،دانشکده علوم انسانی،دانشگاه زنجان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The fourth principle of the constitution is to guarantee the rule of Sharia in Iran's legal system. The automatic supervision of the Guardian Council on the approvals of the Parliament in advance shows the importance of proportionality between Sharia and the law. The annulment of a government regulation due to its contradiction with the Sharia is beyond the jurisdiction of the Court of Administrative Justice. It is enough to state clearly that "if it is not against the law, it is not against Sharia" and the final decision is left to the Court of Administrative Justice. The correct analysis of this sentence shows the basic judge's view on the concept of law. Despite the strong disagreement among jurists about the nature of the law and its sphere of influence, in cases where it is written. The Shura's reference to the approved laws indicates that the later law It is a declaration of non-contradiction with the Sharia as a government ruling. Refraining from expressing an explicit opinion, especially in matters that are a product of the modern world, such as taxes, social security, etc., is not compatible with the dynamics of jurisprudence. Transparency in the declaratory judgment is considered one of the important principles of the proceedings, which provides the possibility of persuasion and preventing the re-approval of the illegal provision.
کلیدواژهها [English]
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