Procedure of Iran's Executive Branch in Determining National Authorities

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran.

2 Associate Professor, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran

10.48300/jlr.2023.413224.2423

Abstract

Considering the essential role of national authorities in the implementation of treaties, it is important to study the process of determining them. In this article, in order to identify the weaknesses and strengths of the Iranian executive branch's procedure in determining national authorities, we have analyzed this procedure in a descriptive-analytical way. The result is that the authority of the government in this field is basically based upon assigning this authority by the legislature, which has been achieved in: 1- Determining the national authority in an Act and granting the authority to change it, 2- Not specifying the national authority in an Act and granting the authority to determine and change it. If the legislature is silent about the national authority, the government can determine the national authority by referring to Principle 138 of the Constitution for ensuring the implementation of the law ratified a treaty. In addition, in the case of ratification of a treaty by the government or determination of a national authority in the text of a treaty, the authority of the government is not based on the will of the legislature. One of the important criticisms of the government's procedure in this field is citing incorrect bases for determining some national authorities, especially in the wrong reference to the Act of adding two notes to the Act of membership of the Iran in international organizations and institutions of 1370 and citing the principle 138 instead of the Act assigning the authority to determine the national authority.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 24 October 2023

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