نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری حقوق عمومی دانشگاه تهران و مدرس دانشگاه امام صادق (علیهالسلام)، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
According to first part of Article number 110 of the IRI’s Constitution, The
general policies of the system - which are considered among the duties and
powers of the Supreme Leader - are strategies that are formulated and
determined based on the goals and ideals mentioned in the Constitution of the
Islamic Republic of Iran. The country's macro-frameworks and orientations are
in line with achieving goals and aspirations. This issue acts as a political
instrument in the hands of the leadership of the Islamic society and in order to
lead the society in the direction of values. It also determines the framework of
the action of three powers (legislative, Executive & Judiciary), including the
adoption of laws and regulations. Among the important issues regarding the
legal system governing the general policies, is the ratio of the existing laws and
regulations and contrary to the new enacted policies, which play a great role in
influencing and improving the functioning of this new legal establishment in the
Iranian political and legal system. Accordingly, this paper seeks to answer the
question: “Is it possible for laws and regulations to be abrogated because of their
contradiction to the general policies of the system?” Using the "analytical"
method and with the help of library collection of resources and information In
this study, the author believes that “due to the normative nature of the general
policies of the system, the legal effects which depend on legal norms, will be
applicable for the general policies of the political system, including the
abrogation of the legal norms of higher (in the hierarchy of norms); However,
legal mechanisms must be considered to solve the practical problems of this
work or minimize it. This proposal is done in this regard.
کلیدواژهها [English]
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