Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution
The ambiguity regarding the concept considered by the members of the Review Council of the term "issuing referendum" in Article 110(3), has led to this fact that the real role of the Leader in referendum process and the scope of his authority over the types of referenda has remained vague....
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2020-04-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_11737_2b5691031747bcf0131bd128190d801b.pdf |
| _version_ | 1797359335098023936 |
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| author | mohammad amin abrishami rad Hamed Nikoonahad |
| author_facet | mohammad amin abrishami rad Hamed Nikoonahad |
| author_sort | mohammad amin abrishami rad |
| collection | DOAJ |
| description | The ambiguity regarding the concept considered by the members of the Review Council of the term "issuing referendum" in Article 110(3), has led to this fact that the real role of the Leader in referendum process and the scope of his authority over the types of referenda has remained vague. In this research, it was attempted to explain the concept of the term "issuing of the referendum" based on an intentionalist approach and in the form of descriptive-analytic studies, in order to explain the authority of the Supreme Leader in the process of substantive and legislative referenda. Analyzing the discussions of the members of the Review Council and considering other relevant indications, it could be argued that the term "issuing of the referendum" was intended to identify the practical action of Imam Khomeini in issuing the decree on the beginning of the process of the "Constitutional Revision Referendum" and it should be considered as the Replica of the first sentence of Article 177. Therefore, this authority of the Supreme Leader does not extend to referendum subject to Article 59 of the Constitution. |
| first_indexed | 2024-03-08T15:17:03Z |
| format | Article |
| id | doaj.art-38ef38a7292d45e9b7d44d134fb37afe |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:03Z |
| publishDate | 2020-04-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-38ef38a7292d45e9b7d44d134fb37afe2024-01-10T10:51:48ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162020-04-01216638240610.22054/qjpl.2019.41561.212511737Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitutionmohammad amin abrishami rad0Hamed Nikoonahad1tehran universityAssistant Professor of Department of Public Law and International University of QomThe ambiguity regarding the concept considered by the members of the Review Council of the term "issuing referendum" in Article 110(3), has led to this fact that the real role of the Leader in referendum process and the scope of his authority over the types of referenda has remained vague. In this research, it was attempted to explain the concept of the term "issuing of the referendum" based on an intentionalist approach and in the form of descriptive-analytic studies, in order to explain the authority of the Supreme Leader in the process of substantive and legislative referenda. Analyzing the discussions of the members of the Review Council and considering other relevant indications, it could be argued that the term "issuing of the referendum" was intended to identify the practical action of Imam Khomeini in issuing the decree on the beginning of the process of the "Constitutional Revision Referendum" and it should be considered as the Replica of the first sentence of Article 177. Therefore, this authority of the Supreme Leader does not extend to referendum subject to Article 59 of the Constitution.https://qjpl.atu.ac.ir/article_11737_2b5691031747bcf0131bd128190d801b.pdfarticle 110 of the constitutionissuing referendumthe supreme leaderthe legislative referendumthe referendum on the constitutional revision |
| spellingShingle | mohammad amin abrishami rad Hamed Nikoonahad Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī article 110 of the constitution issuing referendum the supreme leader the legislative referendum the referendum on the constitutional revision |
| title | Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution |
| title_full | Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution |
| title_fullStr | Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution |
| title_full_unstemmed | Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution |
| title_short | Intentionalist Interpretation of the Supreme Leader’s Authority in Issuing Referendum: The Subject of Article 110(3) of Iran’s Constitution |
| title_sort | intentionalist interpretation of the supreme leader s authority in issuing referendum the subject of article 110 3 of iran s constitution |
| topic | article 110 of the constitution issuing referendum the supreme leader the legislative referendum the referendum on the constitutional revision |
| url | https://qjpl.atu.ac.ir/article_11737_2b5691031747bcf0131bd128190d801b.pdf |
| work_keys_str_mv | AT mohammadaminabrishamirad intentionalistinterpretationofthesupremeleadersauthorityinissuingreferendumthesubjectofarticle1103ofiransconstitution AT hamednikoonahad intentionalistinterpretationofthesupremeleadersauthorityinissuingreferendumthesubjectofarticle1103ofiransconstitution |