A Study On The Feasibility Of Abrogated Rules And Regulations ByThe Means Of The General Policies Of Iran’s Political System
According to first part of Article number 110 of the IRI’s Constitution, Thegeneral policies of the system - which are considered among the duties andpowers of the Supreme Leader - are strategies that are formulated anddetermined based on the goals and ideals mentioned in the Constitution of theIslamic Republic of Iran. The country's macro-frameworks and orientations arein line with achieving goals and aspirations. This issue acts as a politicalinstrument in the hands of the leadership of the Islamic society and in order tolead the society in the direction of values. It also determines the framework ofthe action of three powers (legislative, Executive & Judiciary), including theadoption of laws and regulations. Among the important issues regarding thelegal system governing the general policies, is the ratio of the existing laws andregulations and contrary to the new enacted policies, which play a great role ininfluencing and improving the functioning of this new legal establishment in theIranian political and legal system. Accordingly, this paper seeks to answer thequestion: “Is it possible for laws and regulations to be abrogated because of theircontradiction to the general policies of the system?” Using the "analytical"method and with the help of library collection of resources and information Inthis study, the author believes that “due to the normative nature of the generalpolicies of the system, the legal effects which depend on legal norms, will beapplicable for the general policies of the political system, including theabrogation of the legal norms of higher (in the hierarchy of norms); However,legal mechanisms must be considered to solve the practical problems of thiswork or minimize it. This proposal is done in this regard.
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