Abstract:
Examining the dimensions of the competence of the legislature in the matter of legislation is an important part of the constitutional rights of any country, and the Constitution of the Islamic Republic of Iran, according to the seventy-first to seventy-fourth principles, determines the main framework of these competences and assigns them to the Islamic Council. has done The experiences gained from more than four decades of legislation show that despite the dominance of different political currents in different periods in the Islamic Council, in none of these periods has the parliament been able to present a defensible and brilliant record in the field of legislation. Because the previous, during and subsequent processes of legislation have challenges and damages that have affected the functioning of the legislature, which is the software for the movement of various institutions of the country and among the guiding pillars of the Islamic Republic of Iran. The improvement, dynamism and agility of the legislative system requires a detailed and well-founded understanding of its harms and challenges and providing suggestions for a way out of the current situation. Therefore, this article seeks to pathologize the existing state of legislation and present its key defects by relying on the constitution and other upstream documents and related laws, to provide suggestions for drawing the ideal state of the legislative system.
Machine summary:
Failure to form a parliament of specialists and innovators The results of the researcher's investigations indicate the fact that with a look at the general 1 and specific conditions of candidates in the Election Law of the Islamic Consultative Assembly, as well as examining the legislative process in this regard, it becomes clear that the legislator has placed special importance on general and personal conditions for candidates for representation, such as physical health, nationality, performance of public duty, non-addiction, absence of effective criminal convictions, minimum and maximum age, non-disqualification due to holding certain occupations, issuance of certificates by judicial and security authorities, and other conditions; whereas in the best case and pursuant to the legal reforms of 1398, the requirement of having an educational degree from an associate degree to a master's degree or its equivalent, and having at least five years of executive work experience, as progressive reforms, has been approved by the parliament.