Examining the possibility of establishing non-public laws and its effects in the legal system of the Islamic Republic of Iran (Case study: Law on appointment of persons in sensitive jobs)

Articles in Press

Document Type : Research Paper

Authors

1 University of Tehran- Faculty of Law and Political Science

2 رشت خیابان معلم استانداری گیلان

Abstract

Obligation to implement the laws is considered a social contract based on which the government and the nation regulate and harmonize their social relations in the form of determined rights and duties. However, laws that include a limited community of individuals cannot be ignored. Such laws also have a universal and enforceable value in such a way that those who are subject to it are not considered to be exclusively subject to it and other persons are not considered to be without need of it in terms of compliance. The Constitution of the Islamic Republic of Iran has determined the general frameworks for the establishment of laws and its competent authorities, and in the 69th principle of the Constitution, it has accepted the establishment of non-public approvals with conditions. However, the direct or indirect implementation of non-public law, such as the resolution with the classification level of the Council of Expediency in relation to security and the so-called law on the concentration of information approved in 1989, was enforced and found legal existence in parts of the "Law on the Appointment of Persons to Sensitive Jobs" approved in 2022 In a way, it is considered to be a non-public law. In this article, an attempt is made to analyze with descriptive-analytical and explanatory methods the establishment of non-public laws and its relationship with the attributes of openness and binding laws, and the possibility, manner and effects of the establishment of such laws in the legal system of the Islamic Republic of Iran are investigated. The results show that although the legislator acted to give legal validity to the classified approvals of the Council of Expediency, but the lack of public and binding attributes affects its implementation and practically does not make the implementation of these approvals possible.

Keywords

Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 14 August 2023

Files

Share

How to cite

Statistics