Abstract:
One of the great problems of our society from the very beginning of the legislation in Iran in 1906 until now which passes more than one hundred years is that of law and legislation. Among these problems, the management of the massive volume of the laws and regulations is still a problem that needs consideration. The legislative inflation is so much that even lawyers confront difficulties in finding applicable rules. Though different attempts have been made since 1960s to manage the legislative inflation in Iran and two laws are enacted in 1971 and 2010 in this respect, but much of these efforts belong to the depuration and not codification. Depuration that means to recognize and remove repealed laws and regulations and to do some minor edits on them, is a part of the codification in its formal sense that is fulfilled in some countries such as United States, France and Argentina. The main purpose of the codification is to consolidate all existing laws (and regulations) regarding a given subject in a single text with a unified and comprehensive structure and to locate all articles and sub-articles in their proper place in this structure. In this sense, formal codification goes beyond the mere depuration. The research method is descriptive and analytic.
Machine summary:
Although in revision efforts are made to identify and remove obsolete laws and eliminate redundancies from the body of the country's laws and regulations, revision is only part of a more primary program of codification in the formal sense, which has received attention in some countries such as the USA, France, and Argentina; the goal of which is to consolidate all laws on a specific subject into a single text, so that each of the articles of previous legal texts is distributed in a unified and comprehensive structure and placed in its appropriate position.
In fact, fifty years have passed since a group consisting of 25 law students from the University of Tehran joined the country's legislative body at the request of the Senate in 1343 to codify the country's vast collection of laws, but despite such a disordered situation of laws and regulations, formal codification has not taken place, and all actions have been limited to revision (Aghaei-Toogh, 1396: 98).
Revision, meaning the removal of redundancies from legal texts, determining the relationships between various legal provisions, and determining the abrogating and the abrogated, the general and the specific, and issues of this kind, is only part of a larger program called codification, in which, in addition to these actions, other strategies are considered for managing the massive heap of laws and regulations, and as a result and product, organized legal collections are produced and approved so that citizens, by referring to them, become aware of their rights and duties in a specific thematic field (Aghaee-Toogh, 1396: 108).
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