Abstract:
Supreme Council of Cultural Revolution is one of the legal institutions in Iran that is capable to enact on issues related to culture by the mandate of supreme leader. This authority gives rise to overlapping of the acts of this institution with those of other institutions. Relying on the constitution and legal rules، the present article studies the overlapping and conflict of the acts of the Islamic consultative assembly، executive branch، and the expediency council with those of the supreme council of cultural revolution. Considering the fact that this council has the right of policy making in cultural affairs، the article concludes that the acts of the supreme council of cultural revolution- if observing its scope of authority- are superior to other three bodies. Therefore، Majlis، executive branch and the expediency council do not have the right of enacting anything in conflict with the legal acts of the supreme council of cultural revolution. However، those acts of the supreme council approved base on paragraph 8 of article 110 are an exception to the rule.
Machine summary:
In the following research, with reference to the Constitution and legal rules, the discussion and investigation regarding the overlap and conflict of resolutions and decisions of the Islamic Consultative Assembly, the Executive Power, and the Expediency Discernment Council with the Supreme Council of the Cultural Revolution are addressed.
On the other hand, the Supreme Council of the Cultural Revolution also, based on one of the important sources of the constitutional law of the Islamic Republic of Iran, namely the governmental decree of the Wali al-Faqih, has the permission to issue resolutions within the limits of its own powers; because both in the decree establishing this council (Sahifeh-ye Imam, Vol. 12, p.
If we assume that Imam Khomeini's (RA) intention was that other institutions of the country should regard the resolutions of the Supreme Council of the Cultural Revolution as legal and valid resolutions, then in this case, the Leader has merely created and approved the principle of this structure and considered its resolutions valid 1; and this does not mean that all resolutions of this council are the orders of the Wali al-Faqih and "governmental decrees," and that other institutions do not have the right to violate these resolutions, unless the Wali al-Faqih has established a status higher than ordinary law (for example, policymaking) for the resolutions of the Supreme Council of the Cultural Revolution, which of course in that case the Parliament will not be able to enact a law that conflicts with the resolutions of the Supreme Council of the Cultural Revolution.
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