Abstract:
The Supreme Council of Cultural Revolution as one of the institutions that has been created in the first years of the revolution, has always posed challenges in the Iranian legal system. One of the most important issues related to the activities of the institution is violating the jurisdiction of legal institutions of the country and in particular three branches of government. In the field of entry into legislative competence, we can say about the legislation, policymaking, demarcation of freedom of the press, ratification of international treaties and interpretation of the constitution. And among the violation of executive competence, entering into budgeting and violating the qualifications of ministries are more important. Finally, regarding the violation of the judiciary's independence, violation of the right to fair procedure, the jurisdiction of the administrative justice court and the general inspection organization have been struck by this council and also council enacted provisions in the field of judicial formation, bills and prisons which led to the limitation of the legislative competence. The most prominent consequences of violation of these qualifications are spending founds, parallelism, bureaucracy, government authority, deprivation of individual initiatives, preventing citizens from participation in decision-making and denial of representation theory. In this article, we intend to provide necessary grounds in order to amend the current situation by reviewing council's regulations, and identify social pathologies regarding council's activities.
Machine summary:
In this regard, in response to the question of which areas the instances of violation of the separation of powers by the Council include, one can speak in the field of encroaching upon the competencies of the legislative branch, such as legislation, policymaking, determining the limits of freedom of the press and publications, approving international treaties, and interpreting the principles of the Constitution; and among the violations of competencies related to the executive branch, interference in budget regulation mechanisms and the competencies of the ministries of this branch are worthy of more reflection.
Resolutions such as "Objectives, Policies, and Regulations for Book Publishing," in which regulations for book publishing have been established under the title "legal limits" in clause "b" of Article 3, or referring to Clause 4 of the Law on the Objectives and Duties of the Supreme Council in approving the "Statutes of the Culture Village of the Islamic Republic of Iran," etc.
5. The Council, based on the resolution of session 480, had also addressed the interpretation of concepts such as disruption of the foundations of Islam and public rights mentioned in Article 24, which the General Board of the Court of Administrative Justice, in verdict 81/117 dated 2002/06/22, by citing that such matters involve encroaching upon the domain of law, invalidated some clauses of this resolution (and resolution 478).
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