نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق پردیس فارابی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
From the point of view of the legal situation, the public law system is based on the concept of jurisdiction and in this sense; The principle is the incompetence of agents in the field of governance, unless their competence is positively and provably specified in the law. The Constitution, as the supreme national covenant and legal document and the source of all powers, in its Article 138, explicitly declares the initiative of regulation in the three positions of the Board of Ministers, commissions consisting of several ministers and each of the ministers, and the president is named among them. did not bring Also, other principles of the constitution do not prove the competence of the president in making rules. Based on this, in the system of the Islamic Republic of Iran, the president does not have the authority to establish rules independently, however; It can reflect its views through the approvals of the Board of Ministers. In this article, while adopting a descriptive, analytical and prescriptive approach, the issue of the president's rule-making incompetence regarding the formulation of the Charter of Citizen Rights has been examined in the light of principles 113 and 121 of the Constitution
کلیدواژهها [English]
)