چکیده:
The general policies of the system are among those that have a normative hierarchy in the legal system of the Islamic Republic.This is why the predicted mechanism to monitor the implementation of these policies is placed in direct balance and discipline.Therefore, the question that arises is, what kind of supervision is the supervisor on the implementation of these policies? In this regard, considering that the concept of the general policies of the system is specific to the constitutional rights system of our country and does not have a similar example in other countries, therefore, in the first place, the need to understand and then implement it is of double importance. Now in the legal system under discussion, based on part (1-4) of the annex to the verdict of the 8th period of the Council of Expediency of the System, the institution of the Supreme Board of Supervision of the implementation of the general policies of the system as an independent institution of the Council of Expediency of the System, alongside the Guardian Council, supervises the He has taken over the implementation of the general policies of the system. This institution is independent from the Assembly but is formed by the members of the Assembly. Based on this, the way of monitoring the implementation of the general policies of the system since the beginning of this concept in the normative structure of our country until now, in order to improve the monitoring method, will be considered and examined in this article.
خلاصه ماشینی:
To prevent such an occurrence, it seems better that in cases of silence by the High Oversight Body, if the Guardian Council believes there is non-conformity or incompatibility of the Parliament's resolution with the general policies of the system, it should first inquire with the High Oversight Body for the proper implementation of the general policies of the system and even, if necessary, in accordance with Article 95 of the Constitution, request an additional ten days from the Islamic Consultative Assembly to express its opinion, and then act based on the opinion of the High Oversight Body; undoubtedly, this will prevent the emergence of subsequent problems and the occurrence of multiple and different interpretations of the general policies of the system.
5-3- Silence of the High Oversight Body on the proper implementation of the general policies of the system In this situation, according to the second part of the communication dated 2014/05/31 by His Excellency the Leader, the Guardian Council will directly make a decision regarding the incompatibility and non-conformity of the resolution with the policies.
Defenders of this oversight hold the view that, according to Article 110 of the Constitution, which has been previously mentioned, the Leadership can delegate their powers, and the determination of the general policies of the system is among such delegated powers to the Expediency Discernment Council.
Public and International Law Drafting Group, Report on Investigating the Nature and Limits of Monitoring the Proper Implementation of the General Policies of the System (Tehran: Legal Studies Office, 2008) 241Mazhari, Mohammad.
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