پژوهش‌نامه حقوق اسلامی (Jan 2023)

The optimal mechanism for establishing legal requirements in emergencies is based on the Constitution of the Islamic Republic of Iran

  • Ali Arian Nezhad,
  • Meisam Aghrabaei Fam,
  • Ali Fattahi Zafarghandi

DOI
https://doi.org/10.30497/law.2022.243731.3319
Journal volume & issue
Vol. 23, no. 4
pp. 539 – 564

Abstract

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In the Constitution of the Islamic Republic of Iran, the mechanism for dealing with emergencies is established in articles 79 and 176, which seems paralleled for establishing legal requirements in their basic view of the mechanism. Because of the existence of paralleled mechanisms in dealing with emergencies and the lack of specific rules and frameworks this leaded to the uncertainty of the decision-making system in emergencies, it is essential to determine the act of these two mechanisms in dealing with emergencies (to implement Constitutions as much as possible); Because a systematic approach to constitutions requires a comprehensive interpretation based on both articles. So, this research has tried to answer the question, "What is the optimal regulation mechanism in emergencies based on the Constitution of the Islamic Republic of Iran" & to present the optimal mechanism in this field, meanwhile the case studying of decision-making on the issue of Covid-19 (as the last appearance of the emergencies in Iran's legal system), it is proposed a four-step optimal mechanism to apply the interpretation of these two principles in the governance system correctly in facing a state of emergency.

Keywords