Legal Research Quarterly

Legal Research Quarterly

The position of "the Supreme Economic Coordination Council" and its enactments in the constitutional order

Document Type : Original Article

Authors
1 Associate Professor of Law, University of Tehran
2 (Ph.D. Candidate of Public Law, University of Tehran
10.52547/jlr.2022.224122.2021
Abstract
One of the most important aspects of the idea of constitutionalism is the idea that principles and foundations exist beyond ordinary laws, and that, in a hierarchical order, laws contrary to those principles are identified and functioned by specific institutions, Unapproved or invalidated. In these circumstances, the existence of an institution that is able to approve and implement resolutions without legal excuses, or even beyond the law, is a violation of the Constitution. The establishment and multi-year legislative activity of the so-called "Supreme Economic Coordination Council" in the country seems to be an example of this situation. The council was naturally formed based on the exceptional situation prevailing in the country(Islamic Republic of Iran) , but did not take advantage of the mechanism in Article 79 of the Constitution, which provided for such conditions, and as a result, due to the uncontrollability of these enactments, Has violated the rules and regulations.
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  • Receive Date 18 October 2021
  • Revise Date 05 November 2022
  • Accept Date 23 November 2022