دانشکده حقوق و علوم سیاسی دانشگاه تهران
نوع مقاله : علمی-پژوهشی
نویسنده
سطح چهار فقه و اصول، حوزۀ علمیۀ قم، قم، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
The existence of a specific legislative model in any legal system helps to delineate the relationships between legal institutions and to accurately understand their function. Through this clarification, many of the criticisms directed at that legal system are addressed, and existing ambiguities are resolved. The most important components of any legislative model include: the basis for the binding nature of legal rules, the sources of legal rules, and the legislative institutions. The aim of this paper is to present an optimal legislative model within the Iranian legal system. The method of data collection is documentary and the method of data processing is descriptive and analytical. This paper demonstrates that contrary to initial assumptions, the basis for the binding nature of legal rules in the Iranian legal system is not the will of the legislator, but rather the will of the absolute authority of the jurist, which can legislate outside the confines of religious frameworks. In such a system, the will of the legislator is merely the basis for political legitimacy, not for the legal rule. Additionally, the legal sources in this legal system are ranked as follows: religious law, statutory law, judicial precedent, customs, and legal doctrine. Legislative institutions are also classified into two categories as some derive their religious legitimacy directly from the authority of the jurist while others, which stem from the will of the people, acquire their legitimacy through the theory of delegation.
کلیدواژهها English
الف) کتابها
ب) مقالات
ج) منابع الکترونیک
https://farsi.khamenei.ir/others-note?id=9784.
https://davoudabadi.ir/page/4071685
https://davoudabadi.ir/page/0935487
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