Pathology of Sixth Chapter of the Legislature’s Constitution

Explaining the right and duty and providing security are the main objectives of law and legislation. The most important task of the law is to pave the way for human excellence. The position of the legislature is like the position of mind in the mechanism of the human body in life which is a tactical position. Despite the general eligibility of the Islamic Consultative Assembly in legislation, same as other powers it faces some shortcomings caused by various factors in terms of the rule of law, the separation of powers and the distribution of duties and authorities. Often, these limitations arise from the potential restriction of Assembly’s authority in legislating and regulating its relations with other powers, the Principle of Constitutional Supremacy, the necessity of subordinate laws' adaptation with the primary laws or its structural constraint. It can be also resulted from the special legitimacy of other authorities to establish the law in specific cases. A number of constitutional principles will become obsolete due to the progress of societies and consequently they won’t be implemented. Many of these principles were able to be implemented at the time of ratification, yet, in spite of being new, they have not been implemented. Some of them must be reformed because the structure of the system and society has changed. In some cases, the attitude of the ruling state and the nation will move in a way that requires some changes in it. The method of research is descriptive-analytical. The purpose of the study is to survey the case-pathology of Legislature in Constitutional principles. Finally, the researcher has considered the results as the achievement of the research.