A Pondering on the Issue of Constitutional Amendment Difficulty in Iran

Document Type : Original Article

Authors

1 The Faculty of Law and Political Sciences, University of Tehran

2 public law department, the Faculty of law and political sciences, Tehran, Iran

Abstract

Amendment difficulty is a requirement for the stability of the constitution, that is, amendment difficulty is a primary aim of a constitution. However, no text is flawless and the lapse of time has proved this. As a result, the degree of difficulty should be limited to specific boundaries. If not, then it may have detrimental effects on the health of a constitution. Thus, it is required to study the theme of amendment difficulty and its various dimensions, in comparison with the Iranian legal system. The authors first observed the amendment difficulty based on the analytical-descriptive method by observation-oriented approach, and then, analyzed the difficulty of amendment rules in Iran. It resulted that the level of amendment difficulty in Iran being extremely high, and this phenomenon caused the ineffectiveness of amendment rules, the emergence of an inappropriate type of "redirection culture", and the nullification of constitutional rules. Therefore, it is suggested that it is essential to change the structure of the amendment rules, that is, the single-track amendment pathway becomes a multi-track one.

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Legal Research

Articles in Press, Accepted Manuscript
Available Online from 22 January 2024

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History

  • Receive Date: 13 January 2023
  • Revise Date: 03 January 2024
  • Accept Date: 22 January 2024

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