Public Law Studies Quarterly

Redefining Foreign-Dominated Contracts Under Article 153 of the Iranian Constitution; with a Look at the Opinions of the Guardian Council

Document Type : Article

Authors

Bizhan Abbasi 1
Morteza Ghasemabadi 2
Vahid Khani 3

1 prof., of the Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran

2 Ph.D student in public law, University of Tehran, Tehran, Iran

3 MA. in public Law at Tabriz University, Tabriz, Iran

https://doi.org/10.22059/jplsq.2021.322934.2759
Abstract
Article 153 of the Constitution of the Islamic Republic of Iran, recognizing the bitter experience of the past, resulting from the conclusion of hegemonic treaties, has prohibited any contract that causes foreign domination of natural resources, economy, culture, etc. This Article seems to need to redefine the instances of contracts subject to domination because it can lead to misunderstandings. However, this paper seeks to redefine the instances of article 153 while defining "domination" and the scope of the concept of "alien", as well as answer the ambiguities in this field using an analytical-descriptive method, with library resources and opinions of the Guardian Council. This paper is based on the premise that the objectification of article 153 requires the relevant laws and its explanation and completion by the parliament, and the emptiness of ordinary law in defining the instances of article 153 makes the mentioned principle one of the suspended and silent articles. Therefore, the main finding of the present article is that the instances of the mentioned principle, including "other affairs of the country", can lead to misunderstandings and interpretations that can have profound effects on national interests.

Keywords

Article 153
Contract
foreign domination
the Guardian Council
Iranian Constitution

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Public Law Studies Quarterly
Volume 54, Issue 2 - Serial Number 38
Summer 2024
Spring 2024
Pages 883-903

  • Receive Date 05 May 2021
  • Revise Date 03 August 2021
  • Accept Date 03 October 2021

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