Abstract:
In recent years, the Iranian Parliament has explicitly annulled numerous titles or provisions of laws through resolutions. In some cases, these annulments have led to doubts or ambiguities in the legal community. This article provides an independent examination of two such resolutions concerning the annulment of laws in the fields of environmental protection and public health. While it became apparent that legislators and approvers have sincerely addressed the reform of the country's legal system, certain technical flaws were evident. The author believes that ambiguity in the amendment rules, which should inherently be the subject of independent legislative scrutiny, has contributed to these flaws. This research, which falls within the realm of legal doctrine, first constructs a framework for legal amendment based on authors' opinions and existing procedural laws. It then identifies some minor shortcomings in the amendment of these laws within this theoretical framework. The article provides political recommendations aimed at determining the finalization rules and amending laws in the internal regulations of the Iranian Parliament, avoiding as much as possible partial amendments and excessive specialization in list formation, refraining from including expired or invalidated laws in amendment lists, and avoiding the annulment of laws influenced by secondary legislation regarding the form of amendment rules. In areas where legal loopholes have arisen due to the approval of these lists, it is recommended that rules be established for the management of shared water resources and for determining the responsibilities of government employees in dealing with malfunctions.
Machine summary:
Date of Receipt: 1402/06/10 Date of Acceptance: 1402/08/25 1 Evaluation of the Rules of Legal Refinement in Iran; Two Case Studies 2 Mohammad Mansouri Borujeni Abstract In recent years, the Islamic Consultative Assembly, through various resolutions, has explicitly repealed a wide range of legal titles or articles.
This article provides political recommendations based on determining the status of rules for finalization and refinement of laws in the Internal Regulations of the Islamic Consultative Assembly; avoiding, as much as possible, partial repeal and extreme specialization in compiling lists; refraining from including expired or defunct laws in refinement lists; and avoiding the repeal of influential (mother) laws regarding the form of refinement rules.
In short, even if the experts who wrote the list-based repealers have made an incorrect inference in some cases regarding the invalidation of the law, this inference has directly received the seal of approval from the Parliament, and the legislator has unintentionally deviated from its previously valid "political decision" or, in other words, the previous "public choice" or, again, in other words, "will.
Although the political will of the legislator in passing a new law in 1386 was to create a new precedent for the Secretariat of the Presidency, from a technical legal perspective, such a will is not sufficient for the repeal of the Civil Service Employment Law; rather, this law must be explicitly repealed 80 by one of the articles of the new law in order to claim its entire invalidity.
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