Document Type : Research Paper
Authors
1
PhD student in Public Law, Faculty of Law and Political Science, Zahedan Branch, Islamic Azad University, Zahedan, Iran.
2
مدیر حوزه ارتباطات تقنینی مرکز ، استادیار گروه حقوق عمومی پردیس فارابی دانشگاه تهران
3
Assistante Prof, Departement of Public Law, Faculty of Law and Political Science, Allameh Tabatabaei University, Iran, Tehran
10.22034/mr.2023.5745.5420
Abstract
Abstract
The Islamic Council is one of the important manifestations of citizens' participation in determining their own destiny through lawmaking and monitoring the implementation of laws. According to the Constitution of the Islamic Republic of Iran, the process of legislation as the manifestation of the will of the citizens begins through the submission of governmental bill, the proposal of the MPs and the bill or the proposal of the Supreme Council of Provinces to the parliament. The legislative process also includes the stages of formulation, approval and interpretation, and at the end, implementation.
Despite more than a century of legislation, and despite the General Policies of the Legislative System, Iran's legal system lacks a comprehensive program of legislation. Organizing the legislative system and achieving efficiency, effectiveness and better implementation of laws requires the creation of interaction between the parliament and the government (as a political agent) based on the real needs assessment of the people (as principals) in the field of legislation and the prioritization of these needs through the formation of an extra-jurisdictional commission called "Commission for Assessing Needs and Clarifying Priorities in the Legislative Area" . Our research shows that legislative system of country has moved from legislations based on the bill to legislations based on the plan. In this analytical-descriptive research, the current legislative procedure has been criticized. According to comparative study, the bill should become the main basis of Iranian legislation to better respond to the real needs of the society. In addition, at the beginning of the activity of the parliament, holding training courses on the philosophy of law writing and legislation for MPs leads to the improvement of the quality of legislation and achievement of Good Legislation.
Key words: Islamic Council, principles of legislation, plan-based legislation, bill-based legislation, efficient legislation. JEL:K15
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