نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
An action or decision that leads to a restriction on an individual right, if it pursues a legitimate goal and is logically related to it and uses a tool that creates the least cost, it can be considered proportionate. Therefore, the proportionality test is based on cost-benefit analysis. The principle of proportionality is a methodological structure and tool and an intelligent process to review the actions of public authorities. By applying the principle of proportionality, the Guardian Council can prevent the parliament's approvals from violating the constitution and thus direct the actions of officials and public institutions in the direction of guaranteeing the fundamental rights of individuals. In this Article, an attempt has been made to examine how to apply the principle of proportionality in the opinions of the Guardian Council, especially in the field of economic law. It should be noted that although the aforementioned principle has a past and history in the opinions of the Guardian Council, it is not structured. In other words, although the principle of proportionality can be given a place in the opinions of the Guardian Council, that authority does not have a coherent, comprehensive and methodical approach when dealing with the principle of proportionality.
کلیدواژهها English