Journal of Legal Research

Journal of Legal Research

Application of the principle of proportionality in the economic opinions of the Guardian Council

Document Type : Original Article

Authors
1 PhD student in Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
2 Assistant Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
3 Assistant Professor, Department of Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
Abstract
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.
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