Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’ s Jurisprudence

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Agahi Vahid; Oladi Hamed

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Journal Paper

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Journal: Public Law Research Year:2021 | Volume:22 | Issue:70 Page(s): 72-93

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Title

Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’ s Jurisprudence

Author(s)

Agahi Vahid | Oladi Hamed | Issue Writer Certificate

Keywords

Causes of law

Evidence of Voiding

Islamic Voiding Regulations

Administrative Justice Court

Jurists of The Guardian Council

Abstract

This article is an analytical study of Clauses C and D of Article 80 of the Administrative Justice Court Act that requires persons that request voiding of regulations (voiding regulations due to contradiction with Islamic law) to express Causes of law and related reasons with clarified remedy and finally refusing the application. In this study, it is revealed that Clauses C and D of Article 80 of Administrative Justice Court Act leads to violating timetable of effect of voiding due to violation of principles 166 and 167 of the Constitution and associated clauses. In practice, analyzing the precedent of jurists of Guardian Council in 2 fields of Islamic control of laws and regulations in the years 1982 to 2016 is not described as documentary and plausible. Thus, the contents of aforesaid Clauses are illegitimate limitation over fair trial and the issue of Islamic Judgment and Islam shall be eliminated from aforesaid Clauses.

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APA: Copy

Agahi, Vahid, & Oladi, Hamed. (2021). Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’ s Jurisprudence. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 22(70 ), 72-93. SID. https://sid.ir/paper/959441/en

Vancouver: Copy

Agahi Vahid, Oladi Hamed. Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’ s Jurisprudence. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2021;22(70 ):72-93. Available from: https://sid.ir/paper/959441/en

IEEE: Copy

Vahid Agahi, and Hamed Oladi, “Obligation to Express Causes of Law in Islamic Voiding of Regulations in the Light of the Guardian Council’ s Jurisprudence,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 22, no. 70 , pp. 72–93, 2021, [Online]. Available: https://sid.ir/paper/959441/en

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