Document Type : Original Article

Authors

1 Assistant Professor of Public Law, Faculty of Law, Kashan University, Kashan, Iran.

2 PhD Student in Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

Abstract

Law and legislation, if not the most important issue facing modern man and government, are one of the most fundamental. In its original form, although it originates and is born through the legislature and through the deliberation and consultation of a large number of people's representatives in parliament, it is not limited to that and affects various types of human activities and the development of societies. It is clear that the domestic legal system also cannot do without deep thinking about the characteristics of law, in order to facilitate the effective and efficient functioning of human relations on the one hand, and to benefit from it in a native way and in accordance with the requirements of Iranian-Islamic society on the other hand. Correct analysis of the characteristics of law in the context of the domestic legislative system and efforts to represent and repair its shortcomings, of course, requires an examination of the "General Policies of the Lawmaking System". The results of this article, using a normative method, examining official legal documents and collecting information through library resources, show that with the exception of the three components of "Sharia principles", "General policies of the system" and "Demands of the leadership" which have a special place based on the requirements of legislation based on jurisprudence, other components overlap with the characteristics of law in the modern state. Also, among the two appreciable assumptions about the legal nature of "policies" in the hierarchy of domestic norms and with emphasis on "legal logic", the requirements of the "command-oriented system" and finally the "rule of law", it is possible and necessary to consider a place below the constitution and ordinary law and of course above government regulations for it.

Keywords

- Abbasi, Bijan (2014). Fundamentals of constitutional rights, Tehran: Jangal.
- Aristotle (1337). Politics, translated by Hamid Enayat, Tehran: Nile Publications.
- Balavi, Mehdi and Bayat Komitaki, Mahnaz (2016). Government based on right, first office: analysis of meaning, interpretation of meaning, Tehran: Majd.
- Balavi, Mehdi, Bayat Komitaki, Mahnaz and Zare Mehdabieh, Marjan (2019). "Governmental Decree and public interest", The Journal of Modern Administrative Law Research, second year, second issue, pp. 65-47.
- Beigzadeh, Safar (2010). Law Writing Methodology, Tehran: Islamic Council Research Center.
- DelVecchio, Georgio (1956). philosophie du droit, translated by Javad Vahedi, Tehran: Nile Publications.
- Fathi, Mohammad and Kohi Esfahani, Kazem (2017). The Constitution of the Islamic Republic of Iran; Along with the explanatory comments of the Guardian Council, Tehran: Research Institute of the Guardian Council.
- Foster, Michael Beresford (2004). Master of political thought, translated by Javad Sheikh al-Islami, Volume II, Tehran: Katiba Scientific and Cultural Publishing Company.
- Ghazi (Shariat Panahi), Seyyed Abulfazl (2018). Constitutional Rights requirements, Tehran: Mizan.
- Ghorbannia, Naser (2012). "Requirements of Legislation Based on Jurisprudence", Religion and Law Quarterly, Year 1, Issue 2, pp. 59-76.
- Hekmatnia, Mahmoud (2011). "Explanation of the theory of the Mantaghah - alferagh", Asami Economic Magazine, No. 8, pp. 107-120.
- Information base of the Office of the Supreme Leader, "Communication of the general policies of the legislative system", at: www.khamenei.ir
- Jafari Langroudi, Mohammad Jafar (1989). A general introduction to the science of law, Tehran: Ganj Danesh.
- Katouzian, Nasser (2015). Philosophy of Law, first volume, Tehran: Publishing Company.
- Katouzian, Nasser (2018). Introduction to the science of law and the study of Iran's legal system, Tehran: Ganj Danesh Publications.
- Khomeini, Rohollah (2010). Imam’s Sahifeh. Volume 20, Tehran: Imam Khomeini Editing and Publishing Institute.
- Plato (1354). Laws, translated by Mohammad Hasan Lotfi, Tehran: Saif Ali Shah Press Company.
- Rasakh, Mohammad (2005). Legislative System Reform Theoretical Foundation, Tehran: Islamic Council Research Center.
- Rahmatollahi, Hossein and Agha Mohammad Aghaei, Ehsan (2019). Natural rights and posituve rights and their effects on power structure and public law, Tehran: Majd.
- Rezvantalab, Mohammadreza, Jahandoust Dalijan (2020). “Adopting the Verdicts of Imitator Judges on Fatwa or Law”, Journal of Studies in Islamic Law & Jurisprudence, Volume 11, Issue 21, Pages 84-114.
- Rousseau, Jean-Jacques (2012). The Social Contract, translated by Morteza Kalantarian, Agah Publishing.
- Sanei, Parviz (2001). Law and society (the relationship between law and social and psychological factors), Tehran: New Design.
- Shatrian, Mahmoud (2014). Presenting the ideal model of urban law and comparing it with the urban law system of Iran, public law doctoral thesis, Tehran: University of Tehran, Farabi campus.
- Shatrian, Mahmoud and Yahazadeh, Javad (2021). "The art of self-regulation in public law; Reflecting on the legislative system of the Islamic Republic", The Journal of Modern Administrative Law Research, third year, sixth issue, pp. 139-160.
- Tasnim, "Statements of the representative of the people of West Islamabad in the Majlis", at: www.tasnimnews.com.
- Zarshekan Abed, Leila (2007). Regulative Impact Assessment (a tool for better legislation), Tehran: Research Center of the Islamic Council.
- Markaz Malmiri, Ahmed (2014). The Rule of Law: Concepts, Basics and Concepts, Tehran: Islamic Council Research Center.
- Montesquieu (1970). The Spirits of Laws, translated by Ali Akbar Mohtadi, Tehran, Amir Kabir Publishing House.
- Neumann, Franz (1994). The democratic and the authoritarian state, Translated by Ezatollah Fouladvand, Tehran: Kharazmi Publications.
- Waldron, Jeremy (2017). Legislation: Concepts, theories and principles, translated by Hasan Vakilian, Tehran: Negah Moaser Press.
- Vijeh, Mohammad Reza (2016). Theoretical foundations and legal State structure, Tehran: Jungle Publication.
- Hart, Herbert (2016). The concept of law, translated by Mohammad Rasakh, Tehran: Nei Publishing.
- Heywood, Andrew (2014). Political Theory: An Introduction, Abdul-Rahman Alam, Tehran: Ghoomes Publication.
- Fuller, L (1969). The Morality of Law, New Heaven and London, Yale University Press.
-Harris, Phil (2007). An Introduction to Law, Cambridge, Cambridge University press.
-Narváez Medécigo, A (2016). Rule of Law and Fundamental Rights, Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico, New York City: springer.
-Raz, J. (1979). The Authority of Law, Oxford, Oxford University Press.
-Waldron, J (1990). The Law (Theory and Practice in British Politics), London, Routledge.
-Sulmane, D (2011). "Legislative Inflation– An Analysis of the Phenomenon in Contemporary Legal Discourse", Baltic Journal of Law & Politics, Volume 4, Number 2. P 78-101.