نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق عمومی دانشگاه تهران؛ پردیس فارابی
2 دکتری حقوق عمومی دانشگاه تهران؛ پردیس فارابی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The supervision and control over power is considered as one of the controversial and solemn issues in the fundamental law. The necessity of raising this matter is that no current in the domain of power can logically be of an organized and coherent chart towards the control of government unless within the first step, it has theorized its positions in the domain of power from the view of supervision and the first phase in this way could be the extraction of foundations of approval in addition to the bases of legitimacy of supervision over power in every legal system. Moreover, what assists a legislator or jurisprudent in lawmaking as well as the deduction of new pronouncements in favor of filling the present legal gaps could be the detection of bases of favorite legal system on the basis of which the legal regulations have been made. Iran’s fundamental law system regards the highest significance to the issue of supervision; furthermore, it has accepted the foundations, and the standards of legitimacy of supervision over power following the concepts such as enjoin the goods, prohibid to the evil, the advice of Imams of Muslims, considering the public positions as trust, as well as the right of determining fate.
کلیدواژهها [English]
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