نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق عمومی، دانشگاه تهران پردیس بین المللی کیش، کیش، ایران
2 استاد گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Clause (15) of the General Policies of the Legislative System has established six axes for determining legislative priorities: «resolving executive affairs of the country,» «unimplemented principles of the Constitution,» «the Vision Document,» «the General Policies of the System,» «the Five-Year Development Plans,» and «the Leader’s directives.» The present study addresses, on the one hand, how the necessity of legislative intervention can be distinguished from the temporal priority of an issue and, on the other hand, to what extent the laws enacted during the Eleventh Parliament conform to these axes. In terms of purpose, the study is applied, and in terms of method, it is documentary and legal-analytical. Its population comprises all 154 independent laws enacted from May 27, 2020, to May 26, 2024. Through a focused recoding process, the outcome for each law was recorded at three levels: «direct documented conformity,» «relative conformity,» and «non-verification of conformity.» The findings indicate that 14 laws fall within the level of direct documented conformity, 60 within relative conformity, and 80 within non-verification of conformity. Within the axis of resolving executive affairs, only 4 cases of direct conformity and 64 cases of relative conformity were identified; the General Policies of the System accounted for 8 cases of direct and 5 cases of relative conformity; the Five-Year Development Plans, 6 cases of direct and 2 cases of relative conformity; the unimplemented principles of the Constitution, 3 cases of relative conformity only; the Leader’s directives, 1 case of direct and 1 case of relative conformity; and the Vision Document, 1 case of direct conformity. These findings concern conformity that can be established on the basis of the available documents and, by themselves, do not establish that the Parliament, at the prior stage of setting its agenda, actually based its selection of legislative subjects on Clause (15). Accordingly, while maintaining the distinction between the validity of a law and legislative priority, the study proposes a model consisting of a «legislative necessity and priority assessment,» expert screening, documentation of the rationale for decisions, and ex post evaluation.
کلیدواژهها [English]
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