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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Institute for Humanities and Cultural Studies (IHCS)
2021-01-01
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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. |
format | Article |
id | doaj-art-78291dadc9334978a6b5c81bb641e379 |
institution | Kabale University |
issn | 2383-1650 |
language | fas |
publishDate | 2021-01-01 |
publisher | Institute for Humanities and Cultural Studies (IHCS) |
record_format | Article |
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 |