Discernment Authority for the Constitutionality of the Leadership Assembly of Experts’ Regulations

Document Type : Original Article

Author

Assistant Prof , Department of Law and Political Science, Yazd University

10.22034/jlr.2020.184609.1526

Abstract

The leadership experts’ assembly is one of the elements of the Islamic Republic of Iran’s state that the selection and observance of the leader are in its jurisdictions. In spite of the existence of legal-religious research about this jurisdiction, the research about the regulations of this organization and the manner to control them is rare. This paper is written to analyze the discernment authority for the constitutionality of this assembly’s regulations: containing political decisions, elections code, and other norms. With study the sources of Iran’s public law system, all of the regulations enacted by this assembly are uncontrollable. This situation is conflicted with public law values suchlike the priority of the constitution, hierarchical order between legal norms, and the necessity of control of public organizations, and the writer has presented remedies for dissolving this problem.

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