Journal of Legal Research

Journal of Legal Research

Studying the Common Chapter on the Competences of the Islamic Council Parliament and the Supreme National Security Council on the Issue of JCPOA

Document Type : Original Article

Author
Ali Ghorbanpour
PhD in Public Law, Faculty of Law and Political Sciences, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
10.48300/jlr.2022.355012.2145
Abstract
The JCPOA is one of the agreements where the competence of the authorities involved in it is questionable. Therefore, with this approach, the aim of the current research is to study the common chapter of the competences of the Islamic Council and the Supreme National Security Council on the issue of JCPOA by using analytical -descriptive method and using library resources. The findings of the research show that the origin of the joint powers of the Islamic Council and the Supreme National Security Council is the two special tasks of legislation and policy-making. Contrary to popular belief, the competencies of the Islamic Council are not only legislative but also a set of legislative bodies and subordinate institutions. The functions of the Islamic Council are exclusively for the three functions of legislation, supervision, and interpretation of ordinary laws. In addition to the Islamic Council, the Supreme National Security Council, which is responsible for the regulation and implementation of the national security strategy in the country, in fact, the entire mechanisms for regulation and follow-up of national security, especially Iran's peaceful nuclear program, which is one of the most important topics of Iran's foreign policy in three It is the last decade After the leadership body. The Supreme National Security Council is the highest body whose rulings are in force. That is, the approvals of the Supreme National Security Council are valid for all executive bodies of the country with the approval of the leadership and there is no need to go through.
Keywords
Islamic Council Parliament
Supreme National Security Council
JCPOA
National Security
Constitution

 

Books

  1. General Department of Cultural Affairs and Public Relations of the Islamic Council. Annotated form of the deliberations of the parliament for the final review of the constitution. Tehran: Islamic Council Publications, 1985. [in Persian]
  2. Tila, Parvneh. Adaptive principles of rule-making and demarcation of law and regulations. second edition. Tehran: khorsandy Publications, 2016. [in Persian]
  3. Khalaf Rezaei, Hossein. Detailed description of the Constitution: description of the seventy-seventh article of the Constitution. Tehran: Guardian Council Research Institute Publications, 2015. [in Persian]
  4. Khalaf Rezaei, Hossein. International agreements in the legal system of the Islamic Republic of Iran. Tehran: Guardian Council Research Institute Publications, 2014. [in Persian]
  5. Khalilinejad, Ruhollah. Legal analysis and review of Iran's nuclear program with the 5+1 group. Tehran: Majd Publications, 2014. [in Persian]
  6. Rasekh, Mohammad. Monitoring and balance in fundamental rights. Third edition. Tehran: Derak Publications, 2015. [in Persian]
  7. Ziyai Bigdali, Mohammad Reza. General International Law. 72nd edition. Tehran: Ganjedanesh Publications. 2021. [in Persian]
  8. Tabatabai Motamani, Manoochehr. Administrative rights. 13th edition Tehran: Samt Publications, 2007. [in Persian]
  9. Amid Zanjani, Abbas Ali. Basic rights including: ancient times, Islamic period, constitutional period and Islamic Republic of Iran with revised reforms (1368). First Edition. Tehran: Tehran University Press, 2006. [in Persian]
  10. Amid Zanjani, Abbas Ali. Fundamentals of fundamental rights. First edition of Tehran. Tehran: Majd Publications. 2017. [in Persian]
  11. Fatahi Zafarkandi, Ali. Examining the legal dimensions of JCPOA in the J.A.A. system. Tehran: Guardian Council Research Institute Publications, 2017. [in Persian]
  12. Fathi, Mohammad. The principles of the Constitution in the light of the views of the Guardian Council. Tehran: Guardian Council Research Institute Publications, 2016. [in Persian]
  13. Mohammadi Gorgani, Mohammad. Research on the Constitution of the Islamic Republic of Iran. First Edition. Tehran: Shahradanesh Publications, 2016. [in Persian]
  14. Markaz Malmiri, Ahmad. The rule of law, concepts, foundations and concepts. Tehran: Publications of Islamic Council Research Center, 2014. [in Persian]
  15. Moghaddasi, Mahdi and Ehsan Akbari. Legal position and competences of the Supreme National Security Council. First Edition. Tehran: Majd Publications, 2017. [in Persian]
  16. Hashemi, Seyyed Mohammad. the fundamental rights of the Islamic Republic of Iran; Sovereignty and political institutions. The second volume. 20th edition Tehran: Mizan Publications, 2008. [in Persian]
  17. Elham, Gholamhossein. Scientific lecture regarding the separation of the domain of legislation from implementation. Tehran: Guardian Council Research Center, 2010. [in Persian]

Articles

  1. Eslami, Alireza. "Constitutional approach to security". Political Science Quarterly 32 (1384): 285-296. [in Persian]
  2. Amir Arjamand, Ardeshir. "The general policies of the system in the light of the rule of law and democracy". Strategy Journal 26 (2008): 70-92. [in Persian]
  3. Hosseini, Seyed Ibrahim. "Limitations of the Islamic Council in Legislation: The Issue of Article 71 of the Constitution". Journal of Islamic Government 4(1391): 163-194. [in Persian]
  4. Zarei, Mohammad Hossein. "Good governance, sovereignty and governance in Iran". Journal of Legal Research 40 (1383): 155-202. [in Persian]
  5. Ghamami, Mahdi and Nasralhi Nasrabad, Alireza. "Legal analysis of the nature and validity of the joint action program with an emphasis on the principle of constitutional rule". Knowledge of Public Law Quarterly 8 (2013): 89-114. [in Persian]
  6. Kohi Esfahani, Kazem. "Islamic Council's competence in the matter of legislation: absolute or binding?". Knowledge of Public Law Quarterly 2 (2013): 97-122. [in Persian]
  7. Markaz Malmiri, Ahmad. "Reflection on the boundaries of policy making and legislation". Majlis and Research Quarterly 67 (2010): 213-251. [in Persian]
  8. Malek Afzali, Mohsen. "The position of the Expediency Council in the legislative process". Journal of Islamic Government 44(1386): 65-92. [in Persian]
  9. Vijeh, Mohammad Reza. "Principle of rule of law in administrative actions". Journal of Criminal Law Teachings 12(1388):114-85. [in Persian]

Documents and rules

1) Regulations on how to set up and conclude international agreements approved on 1992/04/02 by the Council of Ministers. [in Persian]

2) The Constitution of the Islamic Republic of Iran, 2007, Duran. [in Persian]

3) Constitutional Constitution approved in 1906. [in Persian]

4) Law on notification of the Islamic Council of the Council of Ministers approved on 1987/11/24. [in Persian]

5) Law of strategic action to cancel sanctions and protect the interests of the Iranian nation, approved in 2019. [in Persian]

6) Law requiring the government to preserve the achievements and nuclear rights of the Iranian nation approved in 2014. [in Persian]

7) The Law of Internal Regulations of the Islamic Council and its amendments approved in 2017. [in Persian]

8) The law of ratification of the United Nations Convention on the Judicial Immunity of Governments and their Property, approved on 2008/05/18 by the Islamic Council. [in Persian]

English sources

  1. Allock, Bob. National Security Law in Common Law Farmework, Basic Law Institute, 2002. [in English]
  2. Das, Hari Hara. Principles of International Law and Organization, Vicas publishing house PVT LTD, 1994. [in English]

  1. Sources

    Persian sources

    Books

    1. General Department of Cultural Affairs and Public Relations of the Islamic Council. Annotated form of the deliberations of the parliament for the final review of the constitution. Tehran: Islamic Council Publications, 1985. [in Persian]
    2. Tila, Parvneh. Adaptive principles of rule-making and demarcation of law and regulations. second edition. Tehran: khorsandy Publications, 2016. [in Persian]
    3. Khalaf Rezaei, Hossein. Detailed description of the Constitution: description of the seventy-seventh article of the Constitution. Tehran: Guardian Council Research Institute Publications, 2015. [in Persian]
    4. Khalaf Rezaei, Hossein. International agreements in the legal system of the Islamic Republic of Iran. Tehran: Guardian Council Research Institute Publications, 2014. [in Persian]
    5. Khalilinejad, Ruhollah. Legal analysis and review of Iran's nuclear program with the 5+1 group. Tehran: Majd Publications, 2014. [in Persian]
    6. Rasekh, Mohammad. Monitoring and balance in fundamental rights. Third edition. Tehran: Derak Publications, 2015. [in Persian]
    7. Ziyai Bigdali, Mohammad Reza. General International Law. 72nd edition. Tehran: Ganjedanesh Publications. 2021. [in Persian]
    8. Tabatabai Motamani, Manoochehr. Administrative rights. 13th edition Tehran: Samt Publications, 2007. [in Persian]
    9. Amid Zanjani, Abbas Ali. Basic rights including: ancient times, Islamic period, constitutional period and Islamic Republic of Iran with revised reforms (1368). First Edition. Tehran: Tehran University Press, 2006. [in Persian]
    10. Amid Zanjani, Abbas Ali. Fundamentals of fundamental rights. First edition of Tehran. Tehran: Majd Publications. 2017. [in Persian]
    11. Fatahi Zafarkandi, Ali. Examining the legal dimensions of JCPOA in the J.A.A. system. Tehran: Guardian Council Research Institute Publications, 2017. [in Persian]
    12. Fathi, Mohammad. The principles of the Constitution in the light of the views of the Guardian Council. Tehran: Guardian Council Research Institute Publications, 2016. [in Persian]
    13. Mohammadi Gorgani, Mohammad. Research on the Constitution of the Islamic Republic of Iran. First Edition. Tehran: Shahradanesh Publications, 2016. [in Persian]
    14. Markaz Malmiri, Ahmad. The rule of law, concepts, foundations and concepts. Tehran: Publications of Islamic Council Research Center, 2014. [in Persian]
    15. Moghaddasi, Mahdi and Ehsan Akbari. Legal position and competences of the Supreme National Security Council. First Edition. Tehran: Majd Publications, 2017. [in Persian]
    16. Hashemi, Seyyed Mohammad. the fundamental rights of the Islamic Republic of Iran; Sovereignty and political institutions. The second volume. 20th edition Tehran: Mizan Publications, 2008. [in Persian]
    17. Elham, Gholamhossein. Scientific lecture regarding the separation of the domain of legislation from implementation. Tehran: Guardian Council Research Center, 2010. [in Persian]

    Articles

    1. Eslami, Alireza. "Constitutional approach to security". Political Science Quarterly 32 (1384): 285-296. [in Persian]
    2. Amir Arjamand, Ardeshir. "The general policies of the system in the light of the rule of law and democracy". Strategy Journal 26 (2008): 70-92. [in Persian]
    3. Hosseini, Seyed Ibrahim. "Limitations of the Islamic Council in Legislation: The Issue of Article 71 of the Constitution". Journal of Islamic Government 4(1391): 163-194. [in Persian]
    4. Zarei, Mohammad Hossein. "Good governance, sovereignty and governance in Iran". Journal of Legal Research 40 (1383): 155-202. [in Persian]
    5. Ghamami, Mahdi and Nasralhi Nasrabad, Alireza. "Legal analysis of the nature and validity of the joint action program with an emphasis on the principle of constitutional rule". Knowledge of Public Law Quarterly 8 (2013): 89-114. [in Persian]
    6. Kohi Esfahani, Kazem. "Islamic Council's competence in the matter of legislation: absolute or binding?". Knowledge of Public Law Quarterly 2 (2013): 97-122. [in Persian]
    7. Markaz Malmiri, Ahmad. "Reflection on the boundaries of policy making and legislation". Majlis and Research Quarterly 67 (2010): 213-251. [in Persian]
    8. Malek Afzali, Mohsen. "The position of the Expediency Council in the legislative process". Journal of Islamic Government 44(1386): 65-92. [in Persian]
    9. Vijeh, Mohammad Reza. "Principle of rule of law in administrative actions". Journal of Criminal Law Teachings 12(1388):114-85. [in Persian]

    Documents and rules

    1) Regulations on how to set up and conclude international agreements approved on 1992/04/02 by the Council of Ministers. [in Persian]

    2) The Constitution of the Islamic Republic of Iran, 2007, Duran. [in Persian]

    3) Constitutional Constitution approved in 1906. [in Persian]

    4) Law on notification of the Islamic Council of the Council of Ministers approved on 1987/11/24. [in Persian]

    5) Law of strategic action to cancel sanctions and protect the interests of the Iranian nation, approved in 2019. [in Persian]

    6) Law requiring the government to preserve the achievements and nuclear rights of the Iranian nation approved in 2014. [in Persian]

    7) The Law of Internal Regulations of the Islamic Council and its amendments approved in 2017. [in Persian]

    8) The law of ratification of the United Nations Convention on the Judicial Immunity of Governments and their Property, approved on 2008/05/18 by the Islamic Council. [in Persian]

    English sources

    1. Allock, Bob. National Security Law in Common Law Farmework, Basic Law Institute, 2002. [in English]
    2. Das, Hari Hara. Principles of International Law and Organization, Vicas publishing house PVT LTD, 1994. [in English]
Journal of Legal Research
Volume 23, Issue 58
Summer 2024
Pages 185-216