The Analysis of Principle 139 of the Constitution of the Islamic Republic of Iran based on the nature of public property

Public law knowledge seeks to protect public interests. One of the most important examples of public interests is public property and the protection of this national capital. In many legal systems for the maintenance of public property, they impose a ban on the referral of disputes related to it to arbitration. The purpose of this rule is to prevent of the decision making about public property in non-judicial procedures such as arbitration. This rule has been accepted relatively in Principle 139 of the Constitution of the Islamic Republic of Iran in the sense that the referral of these disputes to arbitration is possible by the approval of the government or the Islamic Consultative Assembly. Due to ambiguity in writing and lack of clarity of basis for writers, this principle has encountered difficulties during the implementation phase. What does the legislator mean by "public and government property" and "important domestic matters" in this Principle and where is the competence of the government and the parliament in this matter? in understanding this principle is "public property" and not "public persons" and that the jurisdiction of the Islamic Consultative Assembly is exclusive to the "national property" only in the important internal affairs