نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه آزاد اسلامی تهران-شمال
2 قاضی دیوان عدالت اداری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Basic proceedings as the missing half of the legislative power in the constitutional system
Abstract
The idea of basic proceedings, as an institution overseeing the observance of the principles and provisions of the constitution, entered the legal literature of the modern government in the constitutional period for the first time with the approval of the rule of law. But the design and identification of this mechanism (except for a legislative period) never led to the application of this control mechanism in the legal system of that period. This article seeks to answer the question, what are the structural and jurisdictional shortcomings of the basic judicial institution in Iran's constitutional legal system? In the form of descriptive-analytical research, critical factors such as; "Non-compilation of internal regulations for the constitutional judicial body", "Weakness of the content of the principle", "Non-assignment of authority to interpret the constitution to the supervisory board", "Identification of the 5-member delegation as members of the National Assembly", "Non-assignment of authority" "Monitoring the elections of the National Assembly" among the structural and competence deficiencies of this institution in the failure to realize and implement the system of control and supervision of the legislative process and the practical dismantling of that mechanism from the field of legislation of the constitutional system. became However, the possibility of monitoring the law and the legislator in the contemporary legal history of Iran was considered the sure value of this achievement.
Key words: Asl Tarz, Constitutional Court, Constitutional Law, National Assembly, Supervisory Board.
کلیدواژهها [English]
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