Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System

Public policy-making is considered as the most important manifestation of government’s ruling, exertion of authority and arrangement of public affairs based on the “rule of law”. Public policy-making cycle, from think tank and policy-making to assessment and supervision is formed in relation to basi...

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Main Authors: mahdi rezaei, mahdi rezvani
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2019-08-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_10437_3af65bb73c97a8fdfc250b8e23563f14.pdf
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author mahdi rezaei
mahdi rezvani
author_facet mahdi rezaei
mahdi rezvani
author_sort mahdi rezaei
collection DOAJ
description Public policy-making is considered as the most important manifestation of government’s ruling, exertion of authority and arrangement of public affairs based on the “rule of law”. Public policy-making cycle, from think tank and policy-making to assessment and supervision is formed in relation to basic/fundamental rights and therefore, under the influence of the legal and political system, its position and function would be different. In the Iranian legal system, the concept of “general policies of the system” has legal and political affinity/relationship with public policy-making. However, as the result of the existing legal vacuum, its position and function is questionable and accordingly strategies and solutions implied in the process of public policy-making cannot be utilized in assessment and supervision of general policies of the system. Hence, in order to utilize the capacity and capability of “public policy-making” within “general policies” concept in the structure of basic/fundamental rights system in Iran, this legal establishment shall be placed in the procedure of Constitutionalisation in two different but coordinated courses by separating minor and major departments. Therefore in the process of localization, this concept is redefined based on Iranian legal system.
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spelling doaj.art-968301f6af8e4d6cbcdcd709394f4e0a2024-01-10T10:51:30ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162019-08-01216394110.22054/qjpl.2019.27637.169210437Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal Systemmahdi rezaei0mahdi rezvani1عضو هیات علمی دانشگاه علامه طباطباییphd candidatePublic policy-making is considered as the most important manifestation of government’s ruling, exertion of authority and arrangement of public affairs based on the “rule of law”. Public policy-making cycle, from think tank and policy-making to assessment and supervision is formed in relation to basic/fundamental rights and therefore, under the influence of the legal and political system, its position and function would be different. In the Iranian legal system, the concept of “general policies of the system” has legal and political affinity/relationship with public policy-making. However, as the result of the existing legal vacuum, its position and function is questionable and accordingly strategies and solutions implied in the process of public policy-making cannot be utilized in assessment and supervision of general policies of the system. Hence, in order to utilize the capacity and capability of “public policy-making” within “general policies” concept in the structure of basic/fundamental rights system in Iran, this legal establishment shall be placed in the procedure of Constitutionalisation in two different but coordinated courses by separating minor and major departments. Therefore in the process of localization, this concept is redefined based on Iranian legal system.https://qjpl.atu.ac.ir/article_10437_3af65bb73c97a8fdfc250b8e23563f14.pdfconstitutionalismpublic policy makingconstitutional lawconstitutionalisationiran’s legal system
spellingShingle mahdi rezaei
mahdi rezvani
Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
constitutionalism
public policy making
constitutional law
constitutionalisation
iran’s legal system
title Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System
title_full Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System
title_fullStr Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System
title_full_unstemmed Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System
title_short Constitutionalisation and Public Policy-Making: An Analysis of Position and Function of Public Policy-Making in Iranian Legal System
title_sort constitutionalisation and public policy making an analysis of position and function of public policy making in iranian legal system
topic constitutionalism
public policy making
constitutional law
constitutionalisation
iran’s legal system
url https://qjpl.atu.ac.ir/article_10437_3af65bb73c97a8fdfc250b8e23563f14.pdf
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