Public Law Studies Quarterly

Challenges Posed by the Confidentiality of Regulations in the Iranian Legal System ‎

Document Type : Article

Authors

Mohammad Khazaie 1
Hadi TahanNazif 2

1 MA. Student in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran

2 Associate Prof. , Department of Public and International Law, Imam Sadiq University, Tehran, Iran

https://doi.org/10.22059/jplsq.2023.347627.3166
Abstract
The publication of laws and regulations has always been accepted by legal scholars as an essential  stage in the the legislative process. In the legal system of the Islamic Republic of Iran, the Law on the Publication and Free Access to Information, passed in 2008, emphasizes the necessity of publication and prohibits the classification of documents that create rights and obligations, including regulations such as bylaws, circulars, and guidelines. However, there are still instances of classified and confidential regulations within the Iranian legal system. This issue, regarded as a deviation in terms of public law norms, can pose serious challenges to any legal system and lead to the infringement of citizens' rights. The present research, using a descriptive-analytical method, examines the mechanism for the "classification and confidentiality of documents," the criteria for "the necessity of publishing regulations," and the reasons for the existence of confidential regulations in the legal system of the Islamic Republic of Iran. It seeks to answer the question, what challenges confidential regulations pose to the Iranian legal system? The Paper ultimately aims to propose solutions using legal tools to address these challenges.

Keywords

publication of regulations
‎right of access to ‎information
classification ‎of regulations
‎confidentiality
confidential ‎regulations.‎
Subjects

  1. English

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Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
Autumn 2024
Pages 2345-2346

  • Receive Date 27 August 2022
  • Revise Date 03 December 2022
  • Accept Date 30 January 2023

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