Analysis of the Nature of the Institution of the General Policies of the Islamic System in the Cionstitutional Law of the Islamic Republic of Iran

Abstract

The institution of the general policies of the Islamic system is considered a young and new institution in the constitutional law. The necessity of the existence of this institution was felt following the execution of the constitutional law of 1358. In 1368 amendment many members of the revision council emphasized incorporation of this issue in IRI constitution and thus this institution was incorporated into the constitution. General policies of the system are determined based on the principles and goals of the Islamic Republic of Iran delimiting the frameworks and directions of the state in all governmental fields. Numerous ambiguities have been there in theory and practice due to the absence of a theoretical basis concerning these policies. An important and key issue which requires consideration and removing its ambiguity would involve various effects and results is the nature of these policies in IRI constitution. In fact determination of the nature of these policies gives rise to removing ambiguities from the issues such as the position of these policies in IRI constitution and the quality of supervising over their proper enforcement. As a result, positive effects arising from it would be manifested or materialized in or through governmental powers and institutions. It is quite likely that this institution would turn into a model worthy of consideration in the constitutional law for the movement of a reasonable political system towards its objectives.

Keywords

• general policies of the islamic system
• general policies
• public policy
• guardianship of jurisprudent
• expediency council