خلاصة:
According to first part of Article number 110 of the IRI’s Constitution, Thegeneral policies of the system - which are considered among the duties andpowers of the Supreme Leader - are strategies that are formulated anddetermined based on the goals and ideals mentioned in the Constitution of theIslamic Republic of Iran. The country's macro-frameworks and orientations arein line with achieving goals and aspirations. This issue acts as a politicalinstrument in the hands of the leadership of the Islamic society and in order tolead the society in the direction of values. It also determines the framework ofthe action of three powers (legislative, Executive & Judiciary), including theadoption of laws and regulations. Among the important issues regarding thelegal system governing the general policies, is the ratio of the existing laws andregulations and contrary to the new enacted policies, which play a great role ininfluencing and improving the functioning of this new legal establishment in theIranian political and legal system. Accordingly, this paper seeks to answer thequestion: “Is it possible for laws and regulations to be abrogated because of theircontradiction to the general policies of the system?” Using the "analytical"method and with the help of library collection of resources and information Inthis study, the author believes that “due to the normative nature of the generalpolicies of the system, the legal effects which depend on legal norms, will beapplicable for the general policies of the political system, including theabrogation of the legal norms of higher (in the hierarchy of norms); However,legal mechanisms must be considered to solve the practical problems of thiswork or minimize it. This proposal is done in this regard.
ملخص الجهاز:
Feasibility of Abrogating Laws and Regulations through the General Policies of the System Morteza Haji Ali Khamseh * Date of Receipt: 2020/02/09 Date of Acceptance: 2020/04/21 Abstract The General Policies of the System, which according to Clause "1" of Article 110 of the Constitution are considered among the duties and powers of the Leader, are strategies formulated based on the goals and ideals mentioned in the Constitution of the Islamic Republic of Iran and serve as the determinant of the country's macro frameworks and guidelines in pursuit of those goals and ideals.
But on the contrary, some, by citing and relying on legal forms instead of paying attention to substantive criteria, have considered the mention of the authority related to determining the general policies of the system in Article 110 of the Constitution as evidence for the higher position of the general policies of the system relative to ordinary laws and executive regulations (Vizheh, 2009, p.
Other than the aforementioned view and its arguments, some, by citing part of the detailed negotiations of the Constitutional Revision Council regarding the drafting and approval of clauses "1" and "2" of the general policies of the system, have concluded the impossibility of the immediate repeal of existing laws and regulations that are contrary to the newly announced policies (Public and International Law Group, 2010, pp.
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