Critical Approach to the Iranian Lawmaking in Crisis: The Case of COVID-19

Abstract

In the modern era, the Administration is assumed to be a service institution that should, in the ordinary and extraordinary circumstances, deliver public services. This cannot be achieved unless under the principle of the rule of law, its jurisdictions are defined. The present study, emphasizing on the crisis of COVID-19, has attempted to discuss the jurisdictional competence of the Administration in a crisis situation in Iran. Therefore, this question is addressed: regarding COVID-19 outbreak, what is the position of the Iranian legal system regarding the powers of the Administration in times of crises? to answer this question, using the descriptive-analytical research method, it is concluded that, first, the constitutional legislator does not have a clear understanding of the concept of crisis and Articles 79 and 176 are ambiguous. Second, the legislator has taken an "isolated" and "partial" attitude in expressing the crisis. As a result, it has failed to enact a comprehensive law on the state of emergency. Third, jurists have been unable to make laws in crisis due to being under the shadow of the ruling atmosphere. Therefore, "lawmaking in crisis" is a missing link in Iranian legislative system. Accordingly, dealing with the COVID-19 crisis faces serious obstacles in Iran.

Keywords

• “extraordinary condition”
• “emergency condition”
• “crisis of covid-19”
• “crisis legal system”
• “strategic challenges”