Abstract:
The situation of the regulations of the supreme council of cultural revolution in the legal system and hierarchy of law sources, have preoccupied some researchers and the recognizing the status of these regulations seems necessary. Therefore, there have been expressed diverse views about the nature of the regulations by scholars to answer this question that whether the nature of these regulations is policymaking, lawmaking or rulemaking? with regard to this issue that the policymaking is based on the principle of rule of law and predetermined competence of legislature from one side and as well as if we consider this council as a lawmaker institution, we contradict the exclusive competence of parliament in legislating on the other hand, and also with regard to this issue that the devolution of competence for rulemaking is in the legislature competence, therefore it seems unlikely to consider the regulations of the council as one of the aforementioned titles and imagine legal effect for them. Therefore, in this paper I attend to clear the nature of this regulations and I'll try to with regard to the council's regulations examine this issue that whether these regulations are adaptable to these notions (policy making, lawmaking and rulemaking) or not?
Machine summary:
1. To become familiar with the fields in which the Council has engaged in setting regulations, see: Hosseini, Seyyed Mohammad, "The Scope of Jurisdiction of the Supreme Council of the Cultural Revolution and Oversight of It," Master's Thesis in Public Law; supervised by Dr. Mahnaz Bayat Komitki, Tehran: Shahid Beheshti University, 1396, pp.
" Upon careful examination of this article, it must be said that if the Council were a legislative institution, it would not have used the title "Regulation" for its resolution alongside a reference to "the applicable laws of the country!" In another instance, at the end of clause (d) of "Cultural-Propaganda Policies for Women's Day," one of the provisions of this clause is stated as follows: "Identifying the legal, cultural, and social problems of women and providing necessary suggestions to the relevant centers for policymaking and lawmaking.
Given what has been said, regarding the decisions of the Supreme Council of the Cultural Revolution which are approved in the form of resolutions, because these resolutions lack legal backing and the granting of authority by the legislator – whether ordinary or constitutional – and are based on powers that are extra-legal or de facto8 and fundamentally do not acquire a legal form, therefore, one cannot call them regulations, and in principle, they lack legal validity; as stated, rulemaking, which is one of the instances of administrative action 9 , will be valid only if it is based on the legal jurisdiction of the authority enacting it.
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