Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views
Non-delegation Doctrine is one of the traditional principles of constitutional law and more or less recognized by constitutions of another countries around the world. There is not any agreement between scholars concerning the basis of this doctrine; for some the doctrine is based on the principle of...
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2012-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_2338_37fa788adc9a691a43f348771efb65e3.pdf |
| _version_ | 1827385257130721280 |
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| author | Abbas-ali Kadkhodaei Moslem Aghaei Togh |
| author_facet | Abbas-ali Kadkhodaei Moslem Aghaei Togh |
| author_sort | Abbas-ali Kadkhodaei |
| collection | DOAJ |
| description | Non-delegation Doctrine is one of the traditional principles of
constitutional law and more or less recognized by constitutions of another
countries around the world. There is not any agreement between scholars
concerning the basis of this doctrine; for some the doctrine is based on the
principle of delegate poteatas non potest delegaie, for some others it is
based on the principle of separation of powers and for the rest, it is the
principle of representative democracy that constitutes the basis of the
doctrine. Thus, many authors have mistaken about the basis of the
doctrine and consequently failed to capture its true meaning. Guardian
Council occasionally in her opinions about legislative bills has taken this
approach and declared them as unconstitutional. Identifying the principle
of supremacy of the constitution as the basis of the non-delegation
doctrine will help us find out its true meaning: Parliament cannot delegate
her law-making power to other branches or entities. Such a delegation
will disturb the political structure established by the constitution and
hence will devastate the principle of the supremacy of constitution. |
| first_indexed | 2024-03-08T15:18:35Z |
| format | Article |
| id | doaj.art-ba5e631201b54d208a05f7f1a7b50924 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:18:35Z |
| publishDate | 2012-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-ba5e631201b54d208a05f7f1a7b509242024-01-10T10:49:13ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162012-09-01143877992338Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils ViewsAbbas-ali Kadkhodaei0Moslem Aghaei Togh1عضو هیئت علمی دانشکده حقوق و علوم سیاسی دانشگاه تهراندانشجوی دکتری حقوق عمومی دانشگاه تهرانNon-delegation Doctrine is one of the traditional principles of constitutional law and more or less recognized by constitutions of another countries around the world. There is not any agreement between scholars concerning the basis of this doctrine; for some the doctrine is based on the principle of delegate poteatas non potest delegaie, for some others it is based on the principle of separation of powers and for the rest, it is the principle of representative democracy that constitutes the basis of the doctrine. Thus, many authors have mistaken about the basis of the doctrine and consequently failed to capture its true meaning. Guardian Council occasionally in her opinions about legislative bills has taken this approach and declared them as unconstitutional. Identifying the principle of supremacy of the constitution as the basis of the non-delegation doctrine will help us find out its true meaning: Parliament cannot delegate her law-making power to other branches or entities. Such a delegation will disturb the political structure established by the constitution and hence will devastate the principle of the supremacy of constitution.https://qjpl.atu.ac.ir/article_2338_37fa788adc9a691a43f348771efb65e3.pdfnon-delegation doctrine- principle of delegate poteatas non potest delegaieseparation of powers- supremacy of the constitution- guardian council |
| spellingShingle | Abbas-ali Kadkhodaei Moslem Aghaei Togh Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī non-delegation doctrine- principle of delegate poteatas non potest delegaie separation of powers- supremacy of the constitution- guardian council |
| title | Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views |
| title_full | Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views |
| title_fullStr | Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views |
| title_full_unstemmed | Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views |
| title_short | Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views |
| title_sort | analyzing principle of non delegation in the light of the principle of constitutional supremacy a critical review of guardian councils views |
| topic | non-delegation doctrine- principle of delegate poteatas non potest delegaie separation of powers- supremacy of the constitution- guardian council |
| url | https://qjpl.atu.ac.ir/article_2338_37fa788adc9a691a43f348771efb65e3.pdf |
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