Determination of the enforcement mechanism of Article 75 of the Iranian Constitution, By comparing the implementation of a similar principle in the French legal system

Document Type : Original Article

Author

Assistant Professor, Department of Law, Faculty of Social Sciences and Economics, AlZahra University, Tehran, Iran.

Abstract

Legislation under the Constitution of the Islamic Republic of Iran (Article 71) and France (Article 34 lies within the jurisdiction of the legislature. However, under the constitution, this right of legislation has essential restrictions. Article 75 of the Iranian Constitution and Article 40 of the French Constitution formulate the most important restrictions. This constitutional principle does not allow the Legislature to pass proposals and suggestions that will reduce public income or increase public expenditure.

In past years, many questions about the role of the Islamic Consultative Assembly in the implementation of Article 75 have been raised and led to conflict and disputes between parliament, the Guardian Council and Executive Power. However, in France clear rules and proper mechanism in this regard has been devised which prevent the occurrence of such problems. Examining the French approach can prepare the ground for removing ambiguities in Article 75 of the Iranian constitution.

Considering the necessity of the comparative study on Article 75, the central aim of this paper is to study the mechanism followed in implementing Article 40 of the French Constitution. This study shows that the French legal system has provided certain rules that determine the parliamentary jurisdiction by using expert opinion and thus does not allow the proposals in conflict with Article 40 to be presented in the Parliament.

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References

References
 
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History

  • Receive Date: 31 October 2022
  • Revise Date: 07 January 2023
  • Accept Date: 07 February 2023

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