A Study of the Overlapping of Acts of the Supreme Council of Cultural Revolution with Those of the Islamic Consultative Assembly, Executive Branch and Expediency Council

Elham, Gholsm Hossain; Mirmohammadi Mibodi, Sayed Mostafa

doi:10.30497/law.2013.1492

A Study of the Overlapping of Acts of the Supreme Council of Cultural Revolution with Those of the Islamic Consultative Assembly, Executive Branch and Expediency Council

Type : Research Article

Authors

Gholsm Hossain Elham

Sayed Mostafa Mirmohammadi Mibodi

10.30497/law.2013.1492

Abstract

The Supreme Council of the Cultural Revolution is one of the legal institutions in Iran that is capable of enacting on issues related to culture by the mandate of the Supreme Leader. This authority gives rise to overlapping of the acts of this institution with those of other institutions. Relying on the Constitution and legal rules, the present article studies the overlapping and conflict of the acts of the Islamic Consultative Assembly, the Executive Branch, and the Expediency Council with those of the Supreme Council of the Cultural Revolution. Considering the fact that this Council has the right of policy-making in cultural affairs, the article concludes that the acts of the Supreme Council of the Cultural Revolution—if observing its scope of authority—are superior to the other three bodies. Therefore, the Majlis, the Executive Branch, and the Expediency Council do not have the right to enact anything in conflict with the legal acts of the Supreme Council of the Cultural Revolution. However, those acts of the Supreme Council approved based on paragraph 8 of Article 110 are an exception to the rule.

Keywords

Supreme Council of Cultural Revolution

Islamic consultative assembly

Expediency Council

executive branch

absolute jurisprudent guardianship

Constitution

policy making