Public Law Studies Quarterly

Legal Deliberation on the Nature and Examples of Disputes between the Legislative and Executive Powers in Budgeting

Articles in Press

Document Type : Article

Authors

Vali Rostami 1
Hamid Nazarian 2

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. in public Law, Faculty of Law and Political Science, University of Tehran, Tehran Iran

https://doi.org/10.22059/jplsq.2024.377304.3543
Abstract
Government budgeting is a multi-stage process with the participation of the legislative and executive powers. This partnership itself is an important factor that provides the ground for igniting the fire of dispute and conflict between the powers. The history of government budgeting in the country is full of disputes between powers over the provisions of the budget. In the current research, by referring to library sources, different periods of budgeting have been examined in a coherent manner in order to examine the various examples of disputes between the powers in budgeting process, and this question has been answered in a descriptive-analytical way that Is it possible to get specific conceptual patterns from the study of these examples regarding the types of disputes between the powers in budgeting process? And what legal bases and methods does the legal examination of each of these patterns require attention to? According to the investigations, it was found that despite the multiplicity of examples of disputes, they can be classified under three conceptual models: "disagreement in determining budget figures", "disagreement in budget policy making" and "Disagreement in conforming the budget bill with upper documents and laws". It was also found that it is not possible to analyze all types of disputes based on a single legal basis, But it is necessary to pay attention to the compatibility between legal bases and methods with the nature of the disputes.

Keywords

Dispute Between the Powers
Independency of the Powers
Budgeting
Executive Power
Legislative Power
Subjects
  1. A) Books
  2. Abbasi, E. (2009). New Budgeting in Iran. Tehran: Samit Publications (In Persian).
  3. Azar, Adel and Amirkhani, T. (2018). General budgeting: local budgeting and budgeting institutions. Tehran: Organization for the Study of Compilation of University Humanities Books (Samt) (In Persian).
  4. Dadger, Y. (2019). Public finance and government economics. Tehran: Noor Alam (In Persian).
  5. Du Michel, A., & Lalumire, P. (1997). Public Law. translated by Abolfazl Ghazi Shariat, Tehran: Dodgostar Publishing House (In Persian).
  6. Ebrahiminejad, M., & Farajvand, E. (2011). The principles of preparing and regulating and controlling the budget. Tehran: Organization for the Study of Compilation of University Humanities Books (Samt) (In Persian).
  7. Khosrowshahi, God's power (2011). Legal theories and systems. Tehran: University and field research institute (In Persian).
  8. Kordbcheh, M. (2023). Budget and regularity of financial policy. Tehran: Ai Institute of Management and Planning Education and Research (In Persian).
  9. Leinert, I. (2009). Budgeting in the world; The legal framework of budgetary systems (a case study of some member countries of the Organization for Economic Cooperation and Development). Translated by Afshin Khakbaz et al., Tehran: Islamic Council Research Center (In Persian).
  10. Mokhbar, A., Khazri, M. , Panahi, A., & Ghasemi, M. (2008). budgeting in Iran; Budget and stakeholders. Tehran: Islamic Council Research Center (In Persian).
  11. Najafi Khah, M. (2018). A suitable legal system for economic growth. Tehran: Ai Institute of Management and Planning Education and Research (In Persian).
  12. Rangriz, H., & Soharri, G. (2013). Public Finance and Government Policy Regulation. Tehran: Business Publishing Company (In Persian).
  13. Rostami, V., & Kavechian, H. (2016). Financial and accounting law. Tehran: Daddgostar Publishing House (In Persian).

 

  1. B) Articles
  2. Aziznejad, Samad (2018). The necessity and requirements of transparency law in the country's budgeting. Islamic Economy Quarterly, (75), 205-233 (In Persian).
  3. Moghadam Choukani, N., & Amirkhani, T. (2017). Presenting a model for budget transparency in Iran. Iranian Management Sciences Quarterly, (52), Winter 2017, 41-69 (In Persian).
  4. Raji, S. M. H., & Salehi, A. (2017). The mechanisms of the right of access to budget information in the legal system of Iran and the European Union. Two Quarterly Journals of Evidence Legal Studies, (7), 51-90 (In Persian).
  5. Rostami, V., & Barzegar Khosravi, M. (2014). The legal nature of the budget (document or law). Research Journal of Islamic Law, (40), 77-100 (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 22 November 2026

  • Receive Date 02 June 2024
  • Revise Date 06 October 2024
  • Accept Date 11 November 2024

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