Document Type : research
Authors
1
Mohammadreza Alipour, PhD student of Public Law, Isfahan branch (khorasgan), Islamic Azad University, Isfahan, Iran.
2
Associate Professor, Department of law, University of Isfahan, Isfahan, Iran .
3
Associate Professor, Department of Public Law, Isfahan branch (khorasgan), Islamic Azad University, Isfahan, Iran.
10.22034/ejs.2024.458888.1808
Abstract
Background and Aim: purpose of this article is to investigate the relationship between the rule of law and the ruling of the government in the Islamic Republic of Iran.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: regarding the possible conflict between the rule of law and government decree, there are various solutions, such as interpreting the limits of the authority of the jurist within the framework of legal standards, predicting the adjustment mechanism in the. And referring to the rulings stipulated in the constitution in cases of ambiguity is one of the most important of them. Since the ruling of the government is issued in cases where there is a legal gap, therefore, it is not in conflict with the law.
Conclusion: The result is that, in general, considering that the main basis of the, and usually in cases of necessity and crises, it is considered to complement the legal gaps in the society; it does not conflict with each other, and the government decree complements the principle of the rule of law. Of course, the ruling of the government is temporary and includes a specific time and depends on the expediency of the society within the framework of the Holy Sharia, but the law is fixed.
Keywords
Subjects