Document Type : Article

Authors

1 Associate Prof. Department of Public Law. Faculty of Law. University of Tehran. College of Farabi. Qom. Iran

2 Ph.D. Student in Public Law. Faculty of Law. University of Tehran. College of Farabi. Qom. Iran

10.22059/jplsq.2020.298023.2336

Abstract

One of the country's most pressing problems is the inattention of state institutions - especially the executive and legislative branches – to the “sound implementation of the general policies of the system" as promulgated by the Grand Leader. This issue can, in the long run, disrupt the stability of the system and the ability of the Leader to discharge his functions and to ‘ensure that institutions do not deviate from their original Islamic duties’. The present research, based on a descriptive-analytical approach, seeks to find out how the legal sanctions of the “general policies of the system” can be strengthened through constitutional-law capacities. Since it is imperative for the general policies of the system to be implemented by the three branches and the public institutions, the most important factor for their realization is to use a variety of efficient and effective sanctions. In this context, some legal and political sanctions that can be proposed in the face of the neglect of the ability to properly implement policies will be stated.

Keywords

  1. References in Persian

    1. A) Books
    2. Aghabakshi, Ali; In collaboration with Afshari Rad, Mino (2004), Culture of Political Science, Tehran: Chapar (In Persian).
    3. Bushehri, Jafar (2005), Fundamental rights, issues, Tehran: publishing company, Vol.2 (In Persian).
    4. Eghtedari, Ali Mohammad (1987), Organization and Management, Tehran: Molvi (In Persian).
    5. Kaabi, Abbas (2005), Executive Guarantees of the Constitution of the Islamic Republic of Iran, Qom: Publications of Imam Khomeini Educational and Research Institute (In Persian).
    6. Katouzian, Nasser (2002), Introduction to the science of law and study in Iran's legal system, Tehran: publishing company (In Persian).
    7. Kazemi, Seyyed Ali Asghar (2000), Political management and government policy, Tehran: Islamic Culture Publishing House (In Persian).
    8. Madani, Jalaluddin (2000), Fundamental rights and political institutions of the Islamic Republic of Iran, Tehran: Padayr (In Persian).
    9. Omid Zanjani, Abbas Ali & Mouszadeh, Ibrahim (2012), Essentials of political jurisprudence, Vol.1,Tehran: Majd (In Persian).
    10. Publicity and Publishing Department of the Islamic Council (1990), Annotated deliberations of the Council for Revision of the Constitution of the Islamic Republic of Iran, Tehran: Printing House of the Islamic Council (In Persian).
    11. Qazi, Abulfazl (2004), Fundamental rights and political institutions, Tehran: Mizan (In Persian).
    12. Rezaiyan, Ali (1992), Principles of Management, Tehran, Semit (In Persian).
    13. Tabatabai Motamani, Manouchehr (2002), Administrative law, Tehran: position (In Persian).

     

    1. B) Articles
    2. Danai Fard, Hassan (2012), "Challenges facing the national policy-making process", Surah Andisheh, No. 60 and 61, pp. 122-116 (In Persian).
    3. Gholami, Ali; Bahadri Jahormi, Ali (2013), "The concept, nature and monitoring of the implementation of the general policies of the system", Quarterly Journal of Public Law Reviews, No. 3, pp. 51-72 (In Persian).
    4. Guastini, Ricardo (1991), "A reflection on the guarantees of constitutional rights and the theory of interpretation", (translation) Ardeshir Arjamand, 2008, Basic Laws, No. 9, pp. 191-198 (In Persian).
    5. Ismaili, Mohsen & Mansourian, Mustafa (2012), "Introduction to the role of the Islamic Council in the implementation of the general policies of the system", Public Law Review Quarterly, No. 2, pp. 1-22 (In Persian).
    6. Mouszadeh, Ibrahim (2008), "Reflection on the concept, nature and legal position of the general policies of the system", Jurisprudence and Law, No. 17, pp. 151-178 (In Persian).
    7. Vahid, Majid (2005), "Inquiry about the problem of policy making in Iran", Journal of Faculty of Law and Political Science (Tehran University), No. 67, pp. 274-261 (In Persian).