نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
According to the first part of Article 110 of the Constitution of the Islamic Republic of Iran, the general policies of the system—considered among the duties and powers of the Supreme Leader—are strategies formulated and determined based on the goals and ideals mentioned in the Constitution. The country’s macro-frameworks and orientations are designed to achieve these goals and aspirations. This issue functions as a political instrument in the hands of the leadership of the Islamic society, guiding the community toward its values. It also defines the framework of action for the three branches of power (legislative, executive, and judiciary), including the adoption of laws and regulations. One of the important issues regarding the legal system governing general policies is the relationship between existing laws and regulations and newly enacted policies, which plays a significant role in influencing and improving the functioning of this new legal establishment within Iran’s 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 an analytical method and drawing on library-based resources and information, this study argues that due to the normative nature of the general policies of the system, the legal effects that depend on legal norms will also be applicable to these policies, including the abrogation of legal norms of higher rank in the hierarchy. However, legal mechanisms must be established to address or minimize the practical problems arising from this process. This proposal is presented in this regard.
کلیدواژهها [English]
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