نوع مقاله : پژوهشی
دکتری حقوق عمومی، استادیار گروه حقوق عمومی و بین الملل دانشکده حقوق، دانشگاه قم
عنوان مقاله [English]
The existence of numerous supreme councils in the iranian legal system and their’s practical independence from the executive has raised ambiguities in the status and authority of these councils thus research of them is important in constitutional and administrative law. Because the strict separation between the executive and legislative affairs has not been done in the legal system thus establishment of the supreme councils by parliament can limit the authority of executive and increase the power of parliament.The supreme councils which established by parliament within the executive, cause an imbalance of power between the legislative and executive. "sovereign from and by the people" - regardless of the superior of each powers - has emphasised in the fifth part of constitution thus any interference by each of the powers within the other, may be considered as a undemocratic methods. Did you mean: از سوی دیگر «اصل صلاحیّت» در حقوق عمومی به هیچ قهوه ای اجازه نمی دهد تا نسبت به توسعه اختیارات خود بدون وجود تصریح در قانون اساسی اقدام نماید The principle of " Incompetence " in public law does not allow to any powers to increase their’s competence without any stipulation in the constitution, otherwise any unauthorized power development considered as a violation of people’s sovereignty. Regardless of the lack of strict separation between legislative and executive powers in the legal system, there are some supreme councils with the higher authorities but do not considered as a part of executive power. The supreme councils have features such as; legal position, regulatory or policy actions, using some powers of ministers, dominance of appointed members on Ministers and lack of effective supervision on activities of supreme councils.These features cause the formation of alternative political power to doing professional executive affairs beside the ministers’s authorities. In this situation, there is no supervision of the executive and legislative powers on the supreme councils activities.