نوع مقاله : مقاله پژوهشی
نویسندگان
1 . عضو هیأت علمی دانشگاه جامع امام حسین (علیهالسلام)، نویسنده مسئول؛ رایانامه: hr.mohammad@ymail.com
2 عضو هیأت علمی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The management of the legislative system in any society is one of the important legal and political duties and important missions of the government. Based on the principle of normative hierarchy as one of the design principles of the country's legislative management system, the monitoring of laws based on two indicators of compliance with Sharia standards and the constitution is foreseen. Shari'a and basic supervision over the laws is specified in the principles of the constitution. However, there is no unanimity in Iran's legal system regarding the possibility of basic and shari'a hindsight supervision. Considering the importance of this issue, in this article, the above issue was investigated in a descriptive analytical way, using library sources and referring to laws and regulations. The conducted research showed that according to Article 4 of the Constitution, the retrospective supervision of the jurists of the Guardian Council over the laws in force (both the laws approved before and after the revolution) in Iran has been identified; However, in order to ensure the legal security of citizens and prevent the weakening of laws, etc., it was suggested that this is possible with the consensus of the jurists of the Guardian Council. Regarding basic posterior supervision, some authors based on the argument that the constitution itself is considered as an example of Islamic standards, have identified the basic posterior supervision of laws, but the studies carried out showed that this issue is in Iran's legal system. It has no legal basis and cannot be applied.
کلیدواژهها [English]
الف) منابع فارسی
COPYRIGHT
S2024 by the authors. Published by The National Defense University. This article is an open-access article distributed under the terms and conditions of the Creative Commons Attribution 4.0 International (CC BY 4.0) https://creativecommons.org/licenses/by/4.0
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الف) منابع فارسی
COPYRIGHT
S2024 by the authors. Published by The National Defense University. This article is an open-access article distributed under the terms and conditions of the Creative Commons Attribution 4.0 International (CC BY 4.0) https://creativecommons.org/licenses/by/4.0
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