نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 استاد سطح عالی حوزه علمیه قم، دانشیار گروه حقوق دانشگاه باقر العلوم قم
2 دانشجوی دکتری تخصصی فقه و حقوق دانشگاه باقرالعلوم(ع)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In explaining the reason for the upcoming research, it should be mentioned that, according to the supervisory duty of the Guardian Council on the Islamic nature of all national laws, whenever a complaint against the laws approved by the government is submitted to the Administrative Court of Justice, this complaint is sent to the Guardian Council for consideration and comment. It is sent and the opinion of the jurists of the Guardian Council is mandatory for the general board and specialized boards. The volume of these complaints is large and the limitation of the members of the Guardian Council causes the proceedings of the Guardian Council to take place with a delay of one to two years, which causes the violation of public rights and dissatisfaction.
To solve this problem, after examining the legal aspects of this issue, the words of the jurists regarding the imitation of mujtahid were first examined. The totality of these investigations shows that the Guardian Council can entrust this supervisory task of delegating the decision of the mujtahid in the assumption of necessity or delegating the right to adjudicate to a group of jurists, and this group will provide answers to it after examining the various aspects of each issue, and the Supervisory Council To have a technical and methodological approach to the views of this group.
The most important function of this idea is that due to the presence of experts in various fields, guard riding supervision is done in the shortest possible time and with higher quality.
کلیدواژهها [English]
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