نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 کارشناسارشد رشته حقوق عمومی از دانشگاه تربیت مدرس
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Initiative of act as a preliminary step of drafting proposals in legislatures is applied in different ways, according to the type of political regime (presidential or parliamentary). Such jurisdiction in the constitution of Iran is predicted for the cabinet and the supreme council of provinces and parliament representatives under the principles 74 and 102. However about the judicial bills determinated in the clause 2 of the principle 158 in which their drafting is in the jurisdiction of the head of the judiciary, there has always been this question whether these bills are as an independent initiative of act against the legislative bills specified in principle 74 of the constitution, or legislative bills are as the origins of the judicial bills and does not necessarily require the cabinet for approval.
The guardian council's view based on the inconsistency of the act of joining a note to article 3 of the duties and powers of the head of the judiciary caused the head of the judiciary to be able to directly send the judicial bills to Majles after passing the legal deadlines.However granting such competencies to the head of the judiciary, besides being inconsistent with the principles 74 and 98 of the constitution based on the necessity to exploit the interpretation of the constitution so as to eliminate this ambiguity, causes the loss of focus on the state budget affairs and possibly entails the reduction of the public income or the increase of public expenditure, and on the other side, it will ruin the cooperation between the judicial bills and administrative matters.
کلیدواژهها [English]
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