Journal of Legal Research

Journal of Legal Research

Critical reading of the concept of surveillance in Article 100 of the Constitution

Document Type : Original Article

Authors
1 Associate Professor, Department of Jurisprudence, Faculty of Jurisprudence, Baqir al-Olum University, Qom, Iran.
2 PhD student in political jurisprudence (international relations jurisprudence), Faculty of Jurisprudence, Baqir al-Olum University, Qom, Iran.
Abstract
One of the most prominent sources of populism in the Islamic Republic of Iran is Article 100 of the Constitution, which is known as the principle of councils. In this principle, the legislator considers the task of councils to advance development goals using "supervision".
But the real question is, what kind of legal surveillance is in the law? The initial hypothesis is that the legislative oversight is of the mandatory oversight type.
In this study, we have tried to obtain a detailed and documented explanation of the concept of supervision in principle 100 by referring to the types of supervision that are mentioned or specified in several principles of the Constitution, as well as by examining the taste of the legislator through a detailed examination of the negotiations of constitutional experts and the interpretative opinions of the Guardian Council.
The results of the studies show that two types of surveillance in the Constitution were considered by the legislator, among which the evidence of the surveillance is based on the text of the law and the interpretative opinion of the Guardian Council and is accepted by the majority of lawyers, but the surveillance is based on the conventional understanding, the end and the inherent goals of the Islamic Revolution and the thought of its founder and the meaning in accordance with other principles related to the Constitution on the subject of the councils, which makes its acceptance more reasonable.they show.
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