Jurisdiction interference in legislative duties in Iran's legal system

Rahmani, Majid; Emami, Mohamad; Moghadam Fard, Mohamad

doi:10.22034/mral.2023.2011139.1511

Jurisdiction interference in legislative duties in Iran's legal system

Document Type : Original Article

Authors

majid Rahmani ¹

mohamad emami ²

Mohamad moghadam fard ³

¹ PhD Student in Public Law, Faculty of Law and Political Science, Shiraz Azad University, Shiraz, Iran.

² Professor, Department of Public Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran,

³ Assistant Professor, Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

10.22034/mral.2023.2011139.1511

Abstract

The legislative system in each country is subject to principles and rules. The principle of separation of powers as a gateway to the realm of public law defines the powers and powers of various authorities, including the legislature, and this realm is primarily at the disposal of parliament and exceptionally in other forms. In the Iranian legal system, however, the circle of exceptions related to legislation has expanded and various institutions have entered this field. It seems that the expansion of legislative powers, in addition to departing from the principle of jurisdiction, has led to the creation and formation of different laws and confronts the three powers in various forms with the phenomenon of inflation of laws. In this situation, the number of abrogated laws and the inefficiency of the executive and judiciary in ensuring the implementation of the law are among the most important challenges that may arise. In addition, the rule of law has been shaken and the efficiency and effectiveness of the law in question can not be expected. The research method is descriptive-analytical.

Keywords

Jurisdiction

legislation

parliament

rule of law

Subjects