Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Jan 2023)

Rereading the Position of the Head of the Legislature in Iran's Constitutional Law System

  • Ahmad Taghizadeh,
  • Ahmad Habibnejhad

DOI
https://doi.org/10.22054/qjpl.2022.60529.2615
Journal volume & issue
Vol. 24, no. 77
pp. 81 – 108

Abstract

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Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head of the legislature? In answer to this question, by using the analytical-descriptive method, it can be said that in the absence of external evidence and in terms of the different qualifications enumerated in different laws for the President of the Islamic Consultative Assembly as well as absurdity of this establishment, these powers are beyond the control of the Majlis and also, given the significant role of the Majlis in the legislative process compared to the role of the Guardian Council and the Expediency Council, it can be said that the title of the legislature is applicable to the "Speaker of the Parliament". If the relation of the head of the legislature with the parliament and its representatives is taken into account, then the Speaker of the parliament would be used and if his/her relation is compared with institutions and authorities outside the parliament, then the term Legislature would be proper to be applied.

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