Legislative referendum in the legal system of the Islamic Republic of Iran

Document Type : Research Article

Authors

1 Assistant Prof, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

2 Ph.D. Student. Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran

Abstract

One of the essential tools of direct democracy in democratic systems is the
referendum .There are ambiguities around the legislative referendum which
is the most commonly used means, also recognized in Article 59 of the
Constitution of Iran, including the meaning of the terms of this article, the
role of sovereign institutions such as the Guardian Council, and the status of
the outcome of the referendum in the country's norm hierarchy.
This descriptive-analytic research highlights that the constitutional
control by the Guardian Council places before the referendum, and it has no
right to control the outcome of the referendum. Also, in the statutory law, the
type of referendum based on its condition's, the citizen's initiative, as well as
how to identify the most critical issues and the appropriate quorum for the
ratification of the outcome shall be recognized.

Keywords