LEGISLATION PROCESS IN THE ISLAMIC REPUBLIC OF IRAN

Abstract

Legislative power is the most respectful and effective entity in a system based on the separation of power. In such systems, legislative power establishes the code of conduct to be executed by executive power and to be judged by judicial power. Therefore, the doctrine of the constitution is determined by legislation by the people. Further, as parliament represents the national governance and authority, it has jurisdiction to issue general rules regarding the national interest. Hence, in a country where the constitution exists, the system of separation of powers is accepted, no entity is involved in the legislation process, and approvals of no entity except for legislative power are applied as law. Authority of legislative power rather than executive power in the Islamic Republic of Iran is based on the independence of legislative power other than executive power. In this case, executive power is not allowed to the dissolution of legislative power. According to results, despite the general jurisdiction of Islamic Parliament in legislation power, this entity faces some constraints like other powers regarding rule of law, the principle of powers independence, and delegation of duties and authorities. These constraints are rooted in some factors, including the principle of the inherent limitation of parliament's authorities in legislation, the principle of supremacy of the constitution, the principle of the apparent constraint of parliament in legislation, and formal limits.