نوع مقاله : علمی - ترویجی
1 دانشیار حقوق عمومی دانشکده حقوق و علوم سیاسی دانشگاه مازندران.
2 دانش آموخته مقطع کارشناسی ارشد حقوق عمومی دانشگاه مازندران.
عنوان مقاله [English]
The principle 71 of the Constitution of Islamic Republic of Iran has spoken of general jurisdiction of Parliament in legislation within appointed limits in the Constitution. However, some other principles of the Constitution have stated and identified the jurisdiction of laying down the rule of law for some Institutions. This sometimes indicates Parliament’s interference prohibition to these specific institutions’ rule making scope and sometimes also has created uncertainty of this prohibition. The rule making jurisdiction of the Assembly of Experts mentioned in the principle 108, the Guardian Council’s jurists mentioned in the principle 108 and The Guardian Council Institution mentioned in the interpretive theory No. 21934/30/16, the Expediency Council of Regime under the principle 112 and the interpretive theory No. 5318, are explicit and definite allocations on the general jurisdiction of Parliament. Despite the lack of explicit Constitutional legislator and some Uncertainties, it seems Parliament’s interference to the Government’s rule making scope in the principle 138 and Supreme National Security Council mentioned in the principle 176 is perfect.