rule-making in the field of the armed forces; Pathology of legal requirements and analysis channels

Articles in Press

Document Type : Original Article

Authors

1 MA. in (Public Law), Faculty of Law and Political Science, Allameh Tabatabaii, University, Tehran, Iran

2 Assistant Professor, Faculty of Judicial rights, University of Judicial Sciences and Administrative Services, Tehran, Iran

Abstract

Improving the efficiency of the armed forces is undeniable due to their high position in maintaining order, security, independence and protection of the territorial integrity of the country. One of the most important factors of inefficiency in this relationship is rooted in the legal system governing the armed forces and the way rules are made in relation to them; As many authorities such as the leadership, the Islamic Council, the Supreme National Security Council, the General Staff of the Armed Forces, the Cabinet, the Ministry of Defense and the high military and law enforcement commanders in the armed forces have the authority to make rules regarding these forces.This issue has led to ambiguity in the authority of the aforementioned authorities and the nature of their approvals, and as a result, reducing the quality of rule-making and weakening the legal order in this field. This research, with an analytical approach, seeks to analyze the pathology of rule-making in the field of the armed forces and present the necessary legal requirements in this connection. The findings show that it is necessary to pay attention to the inherent competence of the parliament in legislation and the requirements arising from the general command of the armed forces and the proportionality between these two categories. Also, determining the scope of authority of all regulatory authorities, establishing a coordinating body under the armed forces, setting up a revision system and promoting transparency in relation to the rules of the armed forces are among the most important

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 07 February 2024

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History

  • Receive Date: 03 October 2022
  • Revise Date: 31 December 2023
  • Accept Date: 07 February 2024

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