نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
“Control” is one of the main keywords of public law and the necessary condition for realizing all other principles of public law, such as the separation of powers, safeguarding the constitution, and the rule of law. The subject of this article is the investigation and analysis of one of the control competences in the legal system of the Islamic Republic of Iran, which is assigned to the Speaker of the Islamic Consultative Assembly in Articles 85 and 138 of the Constitution. The mechanism for the execution of this competence serves as a supplement to the control exercised by the Administrative Justice Court and the General Inspectorate of the State. However, through later addendums to the law by the Parliament, it was gradually changed in form. The main questions discussed in this article are as follows: In what category of public law controls can the control of the Speaker of the Islamic Consultative Assembly be placed? What are the scope, mechanisms, and results of this control, and what is its relation to other control mechanisms in the legal system of the Islamic Republic of Iran? This article aims to prove that the control of the Speaker of the Islamic Consultative Assembly in the Islamic Republic of Iran’s legal system lacks sufficient efficiency. In addition, the above-mentioned control cannot be categorized under any of the current controls of public law. It seems that further contemplation on different aspects of this control is essential, as its presence in its current form disturbs the harmony of the control mechanisms and, eventually, the legal system.
کلیدواژهها [English]