Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council

Jurisprudence and expediency are controversial issues that took place after the Islamic Revolution before the jurists and thinkers for practical reasons. In the 1979 constitution, legislation by Parliament was limited to the compatibility with the Islamic law and constitution, and thus the Guardian...

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Main Authors: Seyd Fazlolah Mousavi, Khosro Hoseinpour
Format: Article
Language:fas
Published: Institute for Humanities and Cultural Studies (IHCS) 2021-01-01
Series:پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
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Online Access:https://criticalstudy.ihcs.ac.ir/article_6016_9b4d80d2eec29daba37658d19d1214c7.pdf
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author Seyd Fazlolah Mousavi
Khosro Hoseinpour
author_facet Seyd Fazlolah Mousavi
Khosro Hoseinpour
author_sort Seyd Fazlolah Mousavi
collection DOAJ
description Jurisprudence and expediency are controversial issues that took place after the Islamic Revolution before the jurists and thinkers for practical reasons. In the 1979 constitution, legislation by Parliament was limited to the compatibility with the Islamic law and constitution, and thus the Guardian Council was determined for the maintenance of this state of affairs. In practice, Parliament had passed laws according to the expediency and necessity that were met with Guardian Council opposition, and during this period, there were tensions and impasses in the country. Expediency Council was created after instances of interference with the late leader of the revolution to solve such problems, for his initiative and according to his Command on 6 February 1988.  This entity in the 1989 revision of the constitution has been a legal status.This paper reviews the fundamentals of jurisprudence expediency, the genesis of the Expediency Council, and the most important duty of this council.
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institution Kabale University
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publisher Institute for Humanities and Cultural Studies (IHCS)
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series پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
spelling doaj-art-78291dadc9334978a6b5c81bb641e3792025-01-08T05:46:24ZfasInstitute for Humanities and Cultural Studies (IHCS)پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی2383-16502021-01-01201138140310.30465/crtls.2020.33748.20536016Jurisprudential-legal Review of the Validity of the Approvals of the Expediency CouncilSeyd Fazlolah Mousavi0Khosro Hoseinpour1Professor of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran,Master of Laws, Faculty of Law and Political Sciences, University of Tehran, Tehran, IranJurisprudence and expediency are controversial issues that took place after the Islamic Revolution before the jurists and thinkers for practical reasons. In the 1979 constitution, legislation by Parliament was limited to the compatibility with the Islamic law and constitution, and thus the Guardian Council was determined for the maintenance of this state of affairs. In practice, Parliament had passed laws according to the expediency and necessity that were met with Guardian Council opposition, and during this period, there were tensions and impasses in the country. Expediency Council was created after instances of interference with the late leader of the revolution to solve such problems, for his initiative and according to his Command on 6 February 1988.  This entity in the 1989 revision of the constitution has been a legal status.This paper reviews the fundamentals of jurisprudence expediency, the genesis of the Expediency Council, and the most important duty of this council.https://criticalstudy.ihcs.ac.ir/article_6016_9b4d80d2eec29daba37658d19d1214c7.pdfexpediencyexpediency councilnecessityproblemgovernment decree
spellingShingle Seyd Fazlolah Mousavi
Khosro Hoseinpour
Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council
پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
expediency
expediency council
necessity
problem
government decree
title Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council
title_full Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council
title_fullStr Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council
title_full_unstemmed Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council
title_short Jurisprudential-legal Review of the Validity of the Approvals of the Expediency Council
title_sort jurisprudential legal review of the validity of the approvals of the expediency council
topic expediency
expediency council
necessity
problem
government decree
url https://criticalstudy.ihcs.ac.ir/article_6016_9b4d80d2eec29daba37658d19d1214c7.pdf
work_keys_str_mv AT seydfazlolahmousavi jurisprudentiallegalreviewofthevalidityoftheapprovalsoftheexpediencycouncil
AT khosrohoseinpour jurisprudentiallegalreviewofthevalidityoftheapprovalsoftheexpediencycouncil