The Scope of the Powers of Government in Legislation from the View Point of Jurisprudence

Fattahi, M.

doi:10.22075/feqh.2017.1905

The Scope of the Powers of Government in Legislation from the View Point of Jurisprudence

Author

M. Fattahi

10.22075/feqh.2017.1905

Abstract

The fact that governor/government can lay down the decrees proportional to the necessities and interests of certain age and time and place, is accepted by many different jurisprudent schools. The diversity of opinions is in the domain and expanse of governmental authorities. Some believe that the government can just legislate in primary and unconvinced decrees and necessities and decisive social interests, and it proceeds such governmental commandments. Others have expanded its realm and taken into consider the extent of laying down farther up primary and unconvinced decrees but providing the decisive interests. This paper intends to demonstrate the maximum expanse of these decrees, so that it is finally concluded that governmental decrees at first in the respect of subject consist of any social and private matter, and secondly considering essence of decree, it contains the unnecessary decrees in addition to necessary decrees, and in the third place considering the basis and proof of decree, it consists of effort and unnecessary interests beside the necessary interests, and fourthly in the respect of validity of attainment of proof , attainment of conjectural proof is valid too, and attainment of proof (interest) is not limited the decisive attainment.

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