Research and Development in Public Law

Research and Development in Public Law

"The right to an efficient legislative system" in cases of executive dysfunction caused by a void in ordinary law (based on Paragraph 15 of the General Policies of the Legislative System and Article 71 of the Constitution)

Document Type : Original Article

Authors
1 Associate Professor, Department of Public Law, Farabi college, University of Tehran, Qom, Iran
2 PhD student in Public Law, Farabi college, University of Tehran, Qom, Iran
Abstract
Paragraph 15 of the General Policies of the Legislative System declares "resolving the executive issues of the country" as the primary priority of legislation. Additionally, Article 71 of the Constitution grants exclusive and discretionary authority to legislate regular laws to the Majlis (“Islamic Consultative Assembly” or “Parliament”).
Considering these two legal provisions and the assumption that "at times, society or the executive affairs of the country urgently require regular legislation on specific matters, and due to a lack of such laws—whether from delay or inaction by the Parliament—society may face significant material or moral harm," the question arises: "Can citizens of the Islamic Republic of Iran be considered to have the 'right to an efficient legislative system' such that when the Parliament is unable to legislate, the government is obligated to create a law through alternative means in the relevant field?"
Studies show that, based on various legal and constitutional arguments, citizens possess the right to an efficient legislative system in the aforementioned scenario. Such a system would promptly enact laws to prevent disruption or damage to society or the country in cases of legislative failure by the Parliament. The principles of the rule of law, protection of fundamental rights, the inability of citizens to seek judicial redress (except through elections), the nature of representation, government responsibilities, prevention of public harm, good governance, and various constitutional principles confirm this right and duty.
The practical implication of affirming this right is the necessity for an alternative solution in the case of the Parliament's legislative inefficiency. It appears that invoking Clause 8 of Article 110 of the Constitution is the only viable alternative to ensure and fulfill this right. This study, grounded in the accepted legal norms in Iran’s legal system, employs a descriptive-analytical methodology.
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