A Re-examination of the Foundation and Components of the Legislative Theory in Modern Law

In scientific discussions, sometimes discussions regarding legislation are examined under the heading ‘the theory of legislation’. Here, it is not clear why should one discuss the problem of the legislative theory at all. Aside from this, sometimes it can be seen that specific standards have not been taken into consideration for the definition of a view regarding legislation as a legislative theory. It is for this reason that it is not clear precisely what discussions must be presented in the structure of a legislative theory. According to the findings of this research project, the ‘theory of legislation’ is composed of concepts and the normative rules that rule over the process of legislation. By presenting a clear definition of the institution of law and the process of its formation as well as the obligations that rule over this process, it attempts to explain the problem of legislation in modern societies. It is hoped that by presenting a clearer picture of the necessities of legislation in the theory of modern legislation, the present paper as well as similar research projects can prepare the ground for discussions regarding the relation between this institution and its requirements with the values and ideology of the Iranian society and the normative systems that have been accepted in it.