Analysis of the Nature of the Institution of the General Policies of the Islamic System in the Cionstitutional Law of the Islamic Republic of Iran

Type : Research Article

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Abstract

The institution of the general policies of the Islamic system is considered a young and new institution in constitutional law. The necessity of this institution was felt following the execution of the Constitutional Law of 1358 SH. In the 1368 SH amendment, many members of the Revision Council emphasized the incorporation of this issue into the Constitution of the Islamic Republic of Iran, and thus this institution was incorporated into the Constitution. The general policies of the system are determined based on the principles and goals of the Islamic Republic of Iran, delimiting the frameworks and directions of the state in all governmental fields. Numerous ambiguities have existed in theory and practice due to the absence of a theoretical basis concerning these policies. An important and key issue that requires consideration and the removal of ambiguity—one that involves various effects and results—is the nature of these policies in the Constitution of the Islamic Republic of Iran. In fact, determining the nature of these policies leads to removing ambiguities from issues such as the position of these policies in the Constitution and the quality of supervision over their proper enforcement. As a result, positive effects arising from this would be manifested or materialized through governmental powers and institutions. It is quite likely that this institution could become a model worthy of consideration in constitutional law for guiding a reasonable political system toward its objectives.

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Journal of Islamic Law Research
Volume 9, Issue 2 - Serial Number 28
September 2009
Pages 93-127

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  • Received: 18 October 2008
  • Revise: 16 November 2008
  • Accepted: 13 December 2008

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