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 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.
Ezadi, Ali. "A Comparative Perspective on the Role of National Courts in Enforcing International Law", Public Law Studies Quarterly, 45(3)(1394), 497-529. (In Persian)
Aghaei Togh, Moslem. "Demarcation of Executive and Legislative Affairs in the Theories of the Guardian Council (Case Study of Principle 85 of the Constitution)", Legal Information Quarterly, 6(1)(1388), 17-7. (In Persian)
Poorhashemi, Seyed Abbas, and Mojtabi Sobhaninia. "The Place of the Treaty in Iran's Legal System with a Glance to the Implementation of Environmental Treaties ", Environmental Science and Technology, 22(9)(2019), 269-284. (In Persian)
Tila, Parvneh. "Analysis of Mandatory Participation of the Executive Branch in Legislation-Making Process in Iran’s law", Journal of Legal Research, 11(1)(1386), 213-232. (In Persian)
Zamani, Seyed Ghasem, and colleagues, translator. International Covenant on Civil and Political Rights; Claims, Doctrines, Interpretations. The first volume. First Edition. Tehran: Institute of Legal Studies and Research, 2015. (In Persian)
Hoseini, Seyed Ibrahim. "Limitations of the Islamic Consultative Assembly in Law-making (Principle 71 of the Constitution)", Islamic Government, 17(4)(2013), 163-194. (In Persian)
Khosravi, Hassan. Constitutional Law 1, 8th edition. Tehran, Payam Noor University Press, 2013 . (In Persian)
Khalili, Mohsen. "Comparison of the Revision in Two Constitutional Laws of the Constitutionalism Revolution and the Islamic Republic of Iran", Matin Research Journal, 3(1)(1379), 131-182. (In Persian)
Sha'ban, Maryam. "Analysis of Child Rights in Iran: Review of the National Body Convention of the Rights of Child Based on the Universal Convention on the Rights of the Child", Legal Civilization, 4(2)(1400), 139-168. (In Persian)
Ziai Bigdeli, Mohammad Reza. Law of international Contracts. Sixth edition. Tehran: Ganjedanesh Publications, 2015. (In Persian)
Enayat, Seyed Hosein. "Regulation of International Treaties in Current Iranian Law and Its Comparative Study with Islamic Jurisprudence and Contemporary International Law", Law Journal, 6(2)(1365), 190-97. (In Persian)
Fathi, Mohammad, and Kazem Koohi Esfahani. The Constitution of the Islamic Republic of Iran Along with the Explanatory Comments of the Guardian Council. First Edition. Tehran: Guardian Council Research Institute Publications, 2017. (In Persian)
Ghazi, Abolfazl. Details of Constitutional Law. Third edition. Tehran: Dadgstar Publications, 1377. (In Persian)
Katouzian, Nasser. Introduction to Science of Law and Study of Iran's Legal System. 76th edition. Tehran: Publishing Company, 1389. (In Persian)
Kazemi Najaf Abadi, Abbas, and Hassan Skandarian. "Legislative Obligations of Member States under Cartagena Protocol and the Extent to which the Islamic Republic of Iran has Adhered to such Commitments", Public Law Research, 16(3)(2013), 129-148. (In Persian)
Kadkhodaei, Abbas-ali, and Moslem Aghaei Togh. "Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views", Public Law Research, 14(3)(1391), 77-99. (In Persian)
Mansourian, Mustafa, and Mohammad Hosein Mohammadi. "Legal Requirements for Delegating The Powers of The President to Deputies in the Constitutional System of Iran Focusing on The Guardian Council’s Decisions", Quarterly Journal of Public Law Knowledge, 11(2)(1401), 23-44. (In Persian)
Mousavi, Seyed Fazlullah, and Fereshte Muslimi Bidandani. "Illegal Immigration Via Sea, in the Light of international law", Law Quarterly, 43(4)(2013), 185-200. (In Persian)
Mehrpour, Hosein. "UNESCO and considering Human Rights Violations in Iran", The Scientific Journal of Strategy, 13(2)(2013), 203-222. (In Persian)
Noshiravan Baboli, Pegah, Elham Yaghoobi, Sara Mohammadi, and Hosein Aslilpour. "Challenges and Scope of Powers of the Islamic Consultative Assembly from the Perspective of the Systems Theory", Quarterly Journal of Public Law Knowledge, 8(2)(2018), 41-64. (In Persian)
Hashemi, Hamid. "Implementation of International Obligations under the Judiciary System of Iran: Limitations and Potentialities", Journal of Legal Research, 15(1)(2018), 229-258. (In Persian)
Soudmandi,A. and Abbasi,M. (2024). The Procedure of Iran's Executive Branch in Determining National Authorities. Journal of Legal Research, 23(60), 165-206. doi: 10.48300/jlr.2023.413224.2423
MLA
Soudmandi,A. , and Abbasi,M. . "The Procedure of Iran's Executive Branch in Determining National Authorities", Journal of Legal Research, 23, 60, 2024, 165-206. doi: 10.48300/jlr.2023.413224.2423
HARVARD
Soudmandi A., Abbasi M. (2024). 'The Procedure of Iran's Executive Branch in Determining National Authorities', Journal of Legal Research, 23(60), pp. 165-206. doi: 10.48300/jlr.2023.413224.2423
CHICAGO
A. Soudmandi and M. Abbasi, "The Procedure of Iran's Executive Branch in Determining National Authorities," Journal of Legal Research, 23 60 (2024): 165-206, doi: 10.48300/jlr.2023.413224.2423
VANCOUVER
Soudmandi A., Abbasi M. The Procedure of Iran's Executive Branch in Determining National Authorities. Journal of Legal Research, 2024; 23(60): 165-206. doi: 10.48300/jlr.2023.413224.2423
