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PhD student in Public Law, Shahid Beheshti University
Abstract
The manner of arrangement of forces in the legal system of the Islamic Republic of Iran is specifically considered in the constitution, which, while taking advantage of the experiences of other countries, also includes the characteristics of the political system resulting from the Islamic Revolution. It is noteworthy that although the Constitution of the Islamic Republic of Iran provides for the enactment of law as one of the intrinsic duties of the Islamic Consultative Assembly, but in order to specialize and nobility of each power to its duties and characteristics, as well as interaction, cooperation and participation Powers Together, Article 158 2 2 of the Constitution stipulates that one of the duties of the head of the judiciary is to "prepare judicial bills appropriate to the Islamic Republic." Article 74 of the Constitution, on the other hand, states that the legislative initiative is by submitting a bill by the Cabinet or by proposing a bill proposed by 15 members of the Shura Council. However, the question remains as to what the judicial bill is and whether the head of the judiciary can directly submit the bill to parliament, and whether the cabinet has the authority to interfere in the bill submitted by the head of the judiciary? The Guardian Council, by presenting interpretive opinions, and the Islamic Consultative Assembly, with the approval of the Law on the Powers of the Chief of the Judiciary, have each tried to provide appropriate answers to these questions. To investigate and be a topic for future discussions in the legal system of the Islamic Republic of Iran and to resolve the existing problems in the direction of constitutional rights based on constitutionalism .