Document Type : Article
Authors
1 Assistant Professor, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran
2 Associate Professor, Faculty of Law, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Abstract
The Islamic Parliament of Iran may, apart from restrictions based on the Constitution and Sharia standards, face practical challenges in determining Iran's national authorities for treaties. In this research, with a descriptive-analytical review of challenges created in determination of national authorities by the parliament, it was found that the most important areas of these challenges are: First, conformity of treaty duties of the national authority with the duties contained in domestic laws for two or more domestic bodies; this issue is especially challenging where the treaty-related bodies are affiliated with different branches of sovereignty or different institutions outside them. Second, determination of national authority for the protocol of a treaty that the national authority of it has been previously determined by the government; if national authorities of a treaty and its protocol are determined by two institutions (government and parliament), necessary coordination between them may not be ensured. Third, creating restrictions on enjoying the benefits of joining a treaty; because determination of national authority of a treaty by the parliament prevents changing it by the government, and its change by the parliament usually has a long process and may not be successful due to non-legal reasons such as political differences.
Keywords
- Supreme National Security Council
- Judiciary
- National authority
- Armed Forces
- Overlapping Duties of Domestic Bodies
- Ministry of Justice
- Ministry of Defense
Main Subjects
English
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