Journal of Islamic Law Research

Journal of Islamic Law Research

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

Type : Research Article

Authors
Abstract
One of the essential tools of direct democracy in democratic systems is the referendum. There are ambiguities surrounding the legislative referendum, which is the most commonly used form and is also recognized in Article 59 of the Constitution of Iran. These ambiguities include the meaning of the terms in this article, the role of sovereign institutions such as the Guardian Council, and the status of the referendum outcome within the country's normative hierarchy. This descriptive-analytic research highlights that constitutional control by the Guardian Council applies before the referendum and that the Council has no authority to review or control the outcome of the referendum. Furthermore, statutory law should specify the type of referendum based on its conditions, the citizens’ initiative, the method for identifying the most critical issues, and the appropriate quorum required for ratification of the outcome.
Keywords

Volume 20, Issue 2 - Serial Number 50
September 2020
Pages 421-448

  • Received 03 December 2019
  • Revise 05 February 2020
  • Accepted 12 February 2020