legislature

Legislative initiation, in the sense of presenting a proposal for a new law or amending existing laws, is considered the first stage in the legislative process in any legal system. Based on the theory of separation of powers, the exercise of legislation power belongs to the legislative branch. However, nowadays it is accepted in parliamentary and semi-parliamentary systems that the executive branch can also play a role in initiating legislation. The legal systems of Iraq and Egypt are among the systems that have recognized the joint competence of the legislative and executive powers in the process of initiating legislation. In this context, Article 74 of the Iranian Constitution is worthy of attention as it is devoted to the issue of legislative initiative and the joint role of the legislative and executive powers in presenting draft laws. Using a descriptive-analytical method, this paper has tried to evaluate the evolution of the constitutional laws of Iraq and Egypt on this issue. The Paper aims to draw lessons from the Iraqi and Egyptian systems in terms of reforming the process of legislative initiative in Iran.

Legislative transparency is one of the main elements of the rule of law, which is considered the main factor in preventing and fighting corruption. The purpose of this research is to examine this concept in the framework of Iran's legal system and international law. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The findings of the present research show that the mechanisms of legislative transparency in international documents have not been defined in a coherent and precise manner, but to determine its examples and scope, it is necessary to refer to the internal procedures of the states that are customary in the international law space. It has been recognized internationally.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Transparency in the framework of the international law system is closely related to fundamental human rights, therefore, some examples of legislative transparency mechanisms in the space of international law are authoritative. But in the internal law system, the mentioned mechanisms are under normal laws and at the base of the pyramid of normative hierarchy.

Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head of the legislature? In answer to this question, by using the analytical-descriptive method, it can be said that in the absence of external evidence and in terms of the different qualifications enumerated in different laws for the President of the Islamic Consultative Assembly as well as absurdity of this establishment, these powers are beyond the control of the Majlis and also, given the significant role of the Majlis in the legislative process compared to the role of the Guardian Council and the Expediency Council, it can be said that the title of the legislature is applicable to the "Speaker of the Parliament". If the relation of the head of the legislature with the parliament and its representatives is taken into account, then the Speaker of the parliament would be used and if his/her relation is compared with institutions and authorities outside the parliament, then the term Legislature would be proper to be applied.

Prevention of corruption in political-legal systems is one of the important issues that has been the attention of writers and thinkers for a long time. One of the important solutions that has been noticed in recent years is moving towards a good governance model. Clarification of opinions and negotiations of legislative bodies, including the Islamic Council, the Council of Ministers, experts, the Supreme Council of the Cultural Revolution, etc., are among the indicators of good governance; Therefore, in the present study, the investigation of transparency in the legislative process will be discussed. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The issue of the acceptability of laws in a society by its audience is one of the results and consequences of transparency in the legislative system. The more transparency is applied in the legislative process, the more the public will understand the concerns of the legislator.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In fact, the common point of the aspects of transparency goes back to "prevention of corruption in the legal system". No matter how clear the text of the law is, there is practically no room for abuse of the law in the implementation phase. On the other hand, transparency in the process of approving laws and the actions of the representatives makes the aforementioned people exposed to public opinion and the resulting evaluations. As a result, practically, both aspects of transparency provide the means of strengthening each other's final goal.

The Law on Translation and Reproduction of Books, Magazines, and Audio Works, passed in 1973, is one of the rare laws that has not yet been discussed in any paper. Perhaps one of the reasons for this inattention is the ambiguity and ambiguity that each of the articles of the law in turn raises. Undoubtedly, the lack of a coherent intellectual flow of the law by the legislature, the lack of social sensitivity in protecting people with neighboring rights, especially artists-executors, the researchers' disregard for the rule of law, all contribute to this valley. The subject of this article is to ask these questions and answer them first, according to the national and international laws governing copyright and related rights. I hope that in future research, it will be promoted by well thought out and well-liked researchers of intellectual property rights and will be effective in protecting the neighboring rights.

The National Assembly was the first legislative and at the same time the founding power in 1285, when the Constitutional Revolution took place, which was established in the history of this land. With the occurrence and crystallization of the Islamic Revolution in 1979, the legislature was retained by its constitutional and supervisory powers by constitutional experts, and after some time was renamed the Islamic Consultative Assembly by the National Assembly and then the Constitutional Review Council in 1989. Based on these principles, it is very important for the authors to know the views of the experts of the 1979 Constitution on the legislature, its legislative and supervisory functions, as well as members of parliament. The main question of the authors is what are the perceptions and perceptions of the experts of the 1979 constitution of the legislature of the country, which was an institution inferior to its legislative institution? Attempts have been made to rely on the descriptive-analytical method after explaining the theoretical foundations of the legislature to examine and evaluate the various views of constitutional experts on ten issues and perceptions in the plant. The result of the present study is that the constitutional legislators, despite accepting the legislature and approving its structural and functional principles along with the restriction of parliamentary legislation by the Guardian Council of the Constitution, did not have the same understanding of the concept and functions of the legislature. This was evident in the final review of the constitution.

The theory of "separation of powers" is one of the most important theories and concepts in public law. Many authors have called this theory one of the most important means of restraining power. The basis of this theory is that each power system must have a specific task and not interfere with other powers’ particular affairs. Some have considered Montesquieu, the philosopher and the famous French lawyer of the eighteenth century, as the creator of the theory of separation of powers, but scholars such as Plato, Aristotle, Hugo Grotius, Pufendorf, and Jean Bodin are among the scholars who have spoken before about this. This theory is also reflected in the thought of Ibn Khaldun, who lived centuries before Montesquieu. Although Ibn Khaldun has not discussed the colloquial concept of “separation of powers”, he has spoken clearly about the necessity of separating the triple tasks and the limitation of power. After looking at the notion of "separation of powers", the author has made a comparative study of this subject in Ibn Khaldun and Montesquieu's thought, having a documentary and comparative approach. The novelty of this study is that it has corrected the common mistake made by Ibn Khaldun in his acceptance of the theory of "separation of powers" and proposed his correct theoretical form (acceptance of division of labor and distribution of duties) by citing his written works.

The Supreme Council of Cultural Revolution as one of the institutions that has been created in the first years of the revolution, has always posed challenges in the Iranian legal system. One of the most important issues related to the activities of the institution is violating the jurisdiction of legal institutions of the country and in particular three branches of government. In the field of entry into legislative competence, we can say about the legislation, policymaking, demarcation of freedom of the press, ratification of international treaties and interpretation of the constitution. And among the violation of executive competence, entering into budgeting and violating the qualifications of ministries are more important. Finally, regarding the violation of the judiciary's independence, violation of the right to fair procedure, the jurisdiction of the administrative justice court and the general inspection organization have been struck by this council and also council enacted provisions in the field of judicial formation, bills and prisons which led to the limitation of the legislative competence. The most prominent consequences of violation of these qualifications are spending founds, parallelism, bureaucracy, government authority, deprivation of individual initiatives, preventing citizens from participation in decision-making and denial of representation theory. In this article, we intend to provide necessary grounds in order to amend the current situation by reviewing council's regulations, and identify social pathologies regarding council's activities.

Analysis of the parliament’s structure in the Islamic Republic of Iran from the perspective of shar’i legislation   is the goal and concern that the founders of the Islamic Republic have sought to achieve. Manifestations of this importance can be seen everywhere in the constitution Given the past experiences, especially the achievements of Persian constitutional revolution, as well as the use of the experiences of countries with a history of democracy, the constitution has created a structure for the legislature through which to achieve its ultimate goal. Now, after several decades of experience in the legislative structure of the Islamic Republic, it is time to evaluate it according to the fundamental values of the Constitution. To what extent have the three structures of the Islamic Consultative Assembly, the Guardian Council, and the Expediency Council been successful in drafting laws derived from sharia? Is there another way to empower the legislature? This article seeks to explain the shortcomings of the current structure of legislation in the Islamic Republic and believes that this process needs to be changed and improved.

Amnesty is one of the causes of the fall or punishment of punishment, as well as the indulgence and affection for the convicted by the highest authority of the country or the legislative authority. Amnesty granted through the highest authority in the country is called amnesty and other general amnesty. Public amnestry is applied more often after the revolutions, political seizure, or as a result of adverse social events, or as a result of accidental events, or warfare and bloodshed. The crimes committed were the most common of those perturbations, and it created the specific environment, causes, and causes of the crime. The exceptional and critical situation raises the people's thoughts and spirits and people have a desire for peace and tranquility. Pursuit and escapes lead to the continuation of a critical situation, but ignoring many of the crimes committed in those circumstances and neglecting them, which is the general amnesty, can bring society back to normal in a better and faster way. The quality of amnesty was foreseen in the pre-revolutionary laws. But after the victory of the Islamic Revolution, it has been neglected in the penal code, and it can only be seen from the general interpretation of Article 71 of the Constitution of the Islamic Republic of Iran that the appearance of general amnesty in the jurisdiction of the Islamic Consultative Assembly.

As a new discipline, legisprudence is raising for the purpose of overcoming the challenges of inappropriate deployment of legislation and legislative inflation. Legisprudence as an interdisciplinary study uses the theories and findings of sciences for analyzing and studying the legislation and law making process. Ruling according to law and by law, has led to repetitive recourse to the legislation by governments and this in turn has led to increase of the volumes of legislation; a situation which is in conflict with rule of law. Promulgating laws which have formal and substantive flaws has decreased the quality of legislations and has made the countries legal system inconsistent. As a result the aforementioned situation causes the inefficiency in governance. Assessment of expected and unexpected consequences of legislation from the cost-benefit point of view and paying attention to these consequences in pre-legislation, legislation and post- legislation stages are parts of theoretical attempts for improvement of quality of legislation which is developed in legisprudence. The main aim of legisprudence is to enhance the quality of legislation and its ultimate goal is to assist in the realization of rule of law and good governance.