Constitutional Proceeding as the Missing Half of the Legislative Power in the Constitutional Legal System

Document Type : Original Article

Authors

1 .PhD Candidate, Faculty of Humanities, Islamic Azad university: North Tehran Branch, Tehran, Iran Corresponding Author Email: naderasadioojagh@gmail.com

2 PhD, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

The idea of ​​constitutional 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 standard principle. 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 constitutional judge in Iran's constitutional legal system? In the form of descriptive-analytical research, significant factors such as; “failure to formulate internal regulations for the institution of constitutional judge”, “weak content of the standard principle”, “Lack of assigning the authority to interpret the Constitution to the supervisory board”, “Identifying the five-person board as members of the National Consultative Assembly”, “failure to assign the competence to supervise the elections of the National Consultative Assembly”, were identified as structural and competence shortcomings of this institution in the failure to realize and implement the system of control and supervision over the legislative process and the practical dismantling of that mechanism from the legislative arena of the constitutional system. However, the possibility of monitoring the law and the legislator in the contemporary legal history of Iran was considered up to the certainty of this achievement.

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Main Subjects

References

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History

  • Receive Date: 17 December 2022
  • Revise Date: 16 March 2025
  • Accept Date: 28 May 2023

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