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Assistant Professor, Department of Law, Faculty of Humanities, Damghan University.
Abstract
Legislative referendum is one of the ways people directly participate in public decision making in Iran and Italy.Among the types of legislative referendums in Italy, theabrogating referendum the laws is similar to the referendum on Article 59 of the Constitution of Iran. Unlike the legislative referendum in Iran that has not been used yet, in Italy it has been frequently used. This study, in a descriptive-analytical format and with comparing the rulse about holding a legislative referendum and supervision overit in Iran and Italy, try to discover the barriers to holding a legislative referendum and resolve theambiguities about the Guardian Council supervision overthis type of referendum in Iran. Based on the findings, the lack of predicting referendum initiative for the public, dependingthe holding the referendum to two-thirds approval of the parliament representative and also the ambiguity of some legislative referendum procedures, such as "referendum decree by leadership", are preventing holding the legislative referendum in Iran, though these flaws and ambiguities are not visible in the Italian legal system.Also, in both legal systems, the prior supervision over the referendum has been accepted, and only the Italian legal system has clearer and more limits and, of course, more developed in this regard.
abrishami rad,M. A. and jalali,A. (2020). Rules of Holding a Legislative Referendum and supervision over it in Iran and Italy. Basic Rights, 17(33), 188-208.
MLA
abrishami rad,M. A. , and jalali,A. . "Rules of Holding a Legislative Referendum and supervision over it in Iran and Italy", Basic Rights, 17, 33, 2020, 188-208.
HARVARD
abrishami rad M. A., jalali A. (2020). 'Rules of Holding a Legislative Referendum and supervision over it in Iran and Italy', Basic Rights, 17(33), pp. 188-208.
CHICAGO
M. A. abrishami rad and A. jalali, "Rules of Holding a Legislative Referendum and supervision over it in Iran and Italy," Basic Rights, 17 33 (2020): 188-208,
VANCOUVER
abrishami rad M. A., jalali A. Rules of Holding a Legislative Referendum and supervision over it in Iran and Italy. Basic Rights, 2020; 17(33): 188-208.