Scattered Legislation in Iranian Legislative System

• Main Authors: Mahdi Mahdi zadeh, Ahmad Markaz Malmiri
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2015-10-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: Scattered Legislation; Legislative Sectoralization; Legislative Inflation; Legislative Studies; Legislative Principles; Rule of Law; Iranian Legislative System
• Online Access: http://qjpl.atu.ac.ir/article_1532_7790b31a180051f39a7d1863f66a40ad.pdf

Scattered and casual legislation is one the deficiencies inflicted on legislative system of Islamic Republic of Iran. Scattered legislation may be defined as disparate, casual and excessive legislation with almost no serious attention paid to other interrelated parts of the legal system. This may be the result of legislators rush towards exercising their legislative power with little recourse to their surveillance capacities. Casual legislation may particularly harm people’s accessibility to justice generally promised by the legal system (that is people consciousness and awareness of laws) which is considered as a pivotal characteristic of the rule of law. A brief look at the laws passed by Iran’s congress may readily lead us to various instances of casual and scattered lawmaking. This article reviews and categorizes various lawmaking practices in regards with modification, revocation, cancellation and revalidation of laws as the most evident instances of scattered lawmaking in Iran. In fact, we may argue that the rule of law may not be satisfactorily attained unless lawmakers have due diligence and tactfulness in their job so that people and law enforcement authorities are expected to be aptly aware and are likely to adhere to the laws so to be ratified. It seems that obscurity and inaccessibility of laws and regulations in Iran have led to the inefficiency of its legal system and thereby have hindered optimum realization of the rule of law