Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Sep 2012)
Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views
Abstract
Non-delegation Doctrine is one of the traditional principles of constitutional law and more or less recognized by constitutions of another countries around the world. There is not any agreement between scholars concerning the basis of this doctrine; for some the doctrine is based on the principle of delegate poteatas non potest delegaie, for some others it is based on the principle of separation of powers and for the rest, it is the principle of representative democracy that constitutes the basis of the doctrine. Thus, many authors have mistaken about the basis of the doctrine and consequently failed to capture its true meaning. Guardian Council occasionally in her opinions about legislative bills has taken this approach and declared them as unconstitutional. Identifying the principle of supremacy of the constitution as the basis of the non-delegation doctrine will help us find out its true meaning: Parliament cannot delegate her law-making power to other branches or entities. Such a delegation will disturb the political structure established by the constitution and hence will devastate the principle of the supremacy of constitution.
