The Judiciarys Law Journal

The Judiciarys Law Journal

Procedure of the Iranian Legislature in Determining the National Authorities

Document Type : Research/Original/Regular Article

Authors
1 Assistant Professor, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran.
2 Associate Professor, Research Center for Medical Ethics and Law, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract
Many international treaties explicitly or implicitly require the determination of national authorities by the contracting parties in order to implement all or part of the treaty obligations, and therefore, it is important to study the process of determining national authorities. In Iran, only the legislative and executive branches have played a role in determining national authorities; In this article, in order to identify the strengths and weaknesses of the Iranian legislature's procedure in determining national authorities, we have analyzed this procedure in a descriptive-analytical way. The result of the study is that due to the silence of the Constitution regarding national authorities, the legislature has, based on the general competence of legislation, the authority to determine national authorities for all international treaties and institutions. Despite this, in many cases, the legislature has left the determination/changing of national authorities to the executive branch, which is critical, especially considering that some of these national authorities are non-executive. Anyway, comprehensive knowledge of the treaty, which is required to determine a national authority, is generally obtained for parliamentarians at the time of ratification of a treaty, and therefore, the most appropriate tool for determining the national authority is the Act ratifying the treaty, but the legislature in rare cases has used these Acts to determine national authorities. Meanwhile ratification of a treaty by the executive branch, which is allowed in some cases, and determination of national authorities in the text of the treaties, have limited the power of the legislature to determine national authorities.
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Volume 88, Issue 127
Winter 2025
Pages 243-270

  • Receive Date 25 August 2023
  • Revise Date 17 December 2023
  • Accept Date 09 June 2024
  • First Publish Date 21 November 2024
  • Publish Date 21 November 2024