Document Type : Article
Authors
1 Assistant Prof., Department of Public Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Assistant Prof., Department of Public Law, Faculty of Islamic Studies and Law, University of Imam Sadiq, Tehran, Iran
Abstract
Necessary for every political system to adapt to the demands of the day and to amend the inefficiencies is the feasibility of the Constitutional change. Of course, prevention from the instability in the political system due to the frequent and discretionary Constitutional changes requires complex and firm entrenchment clauses regarding the Constitutional revision. The formal Constitutional amendment mechanism and its governing necessities are stipulated in Article 177 of the Constitution and on this basis, special consideration of Constitutional amendment proposals are in the competence of the Constitutional Revision Council. This research through an analytic approach seeks to explain the legal necessities governing the formation, administration and functioning of the Revision Council. Among the findings of this research is that the Council is an independent –not an advisory- entity which is obliged to only consider the proposed amendments – and not to necessarily enact them-. The president is required to form the Revision Council and administers the Council up to the selection of the head of the Council by its members. Devolving absolutely some issues to the ordinary legislator is also criticized. Thematic, substantive and timely restrictions also apply to the Revision Council.
Keywords
- Act of the Revision Council
- Article 177 of the Constitution
- Constitutional Revision
- Revision Council
- Revision Restrictions.
Main Subjects
English
Albert, Richard (2014). "The Structure of Constitutional Amendment Rules". Wake Forest Law Review, 49, 913-975.
References In Persian:
- A) Books
- Amid Zanjani, A. (2017). Fundamental Laws of the Islamic Republic of Iran. Third Tehran: Majd Publication (In Persian).
- Anvari, H. (2016) (Supervised). Farhang Bozor Sokhan. 4th edition, Vol. 1. Tehran: Sokhan (In Persian).
- General Department of Cultural Affairs and Public Relations of the Islamic Council of Iran (1990). The Annotated Report of the Deliberations of the Constitutional Revision Council of the Islamic Republic of Iran. Second edition, volumes 2 and 3. Tehran: Islamic Consultative Assembly Printing House (In Persian).
- General Department of Cultural Affairs and Public Relations of the Islamic Council of Iran (1985). The Annotated Report of the Deliberations of the Council of the Final Review of the Constitution of the Islamic Republic of Iran. Vol. 1 and 2. Tehran: Islamic Consultative Assembly Printing House (In Persian).
- Hashemi, S. M. (2010). Constitutional Law of the Islamic Republic of Iran. Third edition, 2nd volume. Tehran: Dadgostar Publication (In Persian).
- Mehrpour, Hossein (2007). Summary of the Constitutional Law of the Islamic Republic of Iran. First edition. Tehran: Dadgostar Publication (In Persian).
- Moeen, M. (2008). Farhang Farsi. 25th edition, Vol. 1. Tehran: Amirkabir Publishing House (In Persian).
- Najafi Asfad, M., & Mohseni, F, (2016). Constitutional Law of the Islamic Republic of Iran. 4th edition. Tehran: Al-Hadi International Publication (In Persian).
- Qazi Shariat Panahi, S, A, (1996). Discourses in Public Law. Tehran: Dadgostar (In Persian).
- Vafadar, A, (2012). Constitutional Law and Political Developments. Third edition. Tehran: Fafadar Publication (In Persian).
- Yazdi, M, (1996). Constitution for All. First edition. Tehran: Amirkabir Publication (In Persian).
- B) Articles
- Abbasi, B, (2004). Distinction between the Constituent Powers and the Constituted Powers. Journal of Constitutional Law, 3, 91-104 (In Persian).
- Hashemi, S. M. (1990). Comparative and Thematic Review of the Revision of the Constitution of the Islamic Republic of Iran. Legal Research Magazine, 8, 228-151 (In Persian).
- Khalili, M. (2009). Comparison of the Revision of the Two Constitutions of the Islamic Republic of Iran. Matin Research Paper, 5 and 6 (In Persian).
- Malakutian, M., & Babapour, M. M. (2010). Revision of the Constitution: History, Necessities and Process of Formation to Legitimacy. Politics Quarterly, Journal of Faculty of Law and Political Science, 41(3), 305-319 (In Persian).
- Mansourian, M., & Ghamami, S. M. M. (2014). Ensuring the Limits of Constitutional Amendment by Reflecting on the Doctrine of Implicit Restrictions. Journal of Public Law Knowledge, 4(12), 111-128 (In Persian).
- Mansourian, M., & Ghamami, S. M. M. (2014). Amendment of the Constitution. Research Report of the Guardian Council Research Institute, 13940132 (In Persian).
- Taghizadeh, J., & Fadaei Joybari, M. (2012). Examination of Article 177 of the Constitution with Emphasis on the Deliberations of the Constitutional Revision Council. Journal of Legal Research, 63, 187-212 (In Persian).
- Tila, P. (2004). Theoretical Framework of Constitutional Revision. Journal of Constitutional Law, 5 (In Persian).
- C) Websites
- http://nazarat.shora-rc.ir (In Persian).
- http://maslahat.ir/ (In Persian).
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