نوع مقاله : پژوهشی
1 دانشجوی دکتری حقوق عمومی، دانشکدۀ معارف اسلامی و حقوق، دانشگاه امام صادق (ع)، تهران، ایران
2 دکتری حقوق عمومی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
3 استادیار گروه حقوق عمومی، دانشکدۀ معارف اسلامی و حقوق، دانشگاه امام صادق (ع)، تهران، ایران
عنوان مقاله [English]
Applying the “rule of sharia” over laws and regulations is one of the most important issues of the Islamic Republic of Iran legal system. The implementation of this rule, which is mainly addressed in Article 4 of the law, has created variable legal and judicial effects on the legal system. In other words, announcing the inconsistency or non-inconsistency of the approvals or laws and regulations that have been absorbed by the jurists of the Guardian Council in various forms on the legal and judicial system.
Therefore, the manner of announcing the opinion of respected jurists is important. This has created the ground for the realization of Article 4 of the Constitution and the Islamism of laws and regulations in the legal system, or on the other hand, has created the legal system with ambiguity, conflict, and legal creation. Therefore, in this article entitled "Legal effects of the supervision of the jurists of the Guardian Council by announcing and general laws and regulations in the judiciary of Iran" an attempt has been made to make extraordinary works that have emerged as a result of the comprehensive or complete announcement of the jurists of the Guardian Council That is analyzed.Therefore, first, with a descriptive method, the types of objections raised by the jurists of the Guardian Council have been counted, and as an example, the objection of "application or general laws and regulations" has been mentioned, and finally, with an analytical method of works It can be examined and summarized to show its impact on the country's judicial system, in such a way that in order to achieve the purpose of Article 4, the opinions of the jurists of the Guardian Council in the cases subject to this article must be documented and reasoned, and concise opinions must be avoided.