Requirements of Developing a Comprehensive Law; From Establishment of Order and Justice to Deterrence of Comprehensive Law

The head of the Judiciary Research Institute said: The compilation of comprehensive laws, which is specified as a duty in the fourth and fifth Development Plan, exists in the legislator’s mind, but due to personal taste and the lack of regulations, he could not integrate the existing dispersion into a comprehensive legal format.

According to the Public Relations and Information of the JRI, Hojjatul-Islam Dr. Mahdi Hadi, in the legal meeting “Rectification in the Mirror of the General Legislative Policies Promulgated by the Supreme Leader” which was held on Thursday, 6th of Bahman, in his definition of comprehensive law, said: The issue with an orderly and logical structure and assigning the code to this collection is a definition on which there is consensus, but it is important that our approach for a comprehensive law is in line with the realization of “maintaining public order” and “establishing justice.”

Emphasizing that the establishment of a comprehensive law requires regulations and a special law, he stated: For the validity and conditions of a comprehensive law beyond the normal law, such as the Development Plan law, a legislative matter is definitely needed, and it cannot be realized with regulations and government approval. In other cases, with the approval of the Board of Ministers or a part of the government in several revised articles, criteria can be considered for it.

Dr. Hadi stated that in the fourth and fifth laws of Development Plan, the duty of the government to present a comprehensive law was specified, and said: Many comprehensive plans such as the comprehensive plan of mass media were prepared during that period, but after the deadline passed, laws were not enacted in line with those tasks.

The head of the Judiciary Research Institute said about the requirements of the comprehensive law: The law has its own requirements in different situations. If the basis of the comprehensive law is to consolidate the existing laws in terms of revision and amendment, it is necessary to specify the “connection between scattered laws” in order to create coherence. Another must is “avoiding a tasteful approach”.

He considered the “importance and scope of the issue” to be another necessity of enacting a comprehensive law and said: In order to carry out tasks in executive affairs and the citations of a judge in the judicial system, the coherence of broad issues in the form of a comprehensive law is necessary.

Dr. Hadi named “foreseeing” as one of the other requirements of establishing a comprehensive law and said: the view of normal laws is often to solve existing problems, but the comprehensive law should be such that it is not burdened with several articles every time and comprehensiveness and complete inclusion should be seen in it from the beginning. has been.

Regarding the feasibility of establishing comprehensive laws, he said: Pure reformation and corrective reformation are common in other countries as well, but there is a third area, which is to distance oneself from chaos and reach a favorable and coherent situation with the same reformative or pure procedure. The countries based on the code system are currently changing and turning the regulations based on judges’ opinions into subject rights.

While confirming the possibility of establishing a comprehensive law with a deterrence approach, the deputy head of the legal department of the judicial system said: The two functions of such a law are to correct the current unfavorable situation in the form of revision and foresight, and there is no need to prepare a comprehensive law in a special sense. A comprehensive establishment law for our country is possible by looking at the current situation and the future.

He also said about the desirability and comprehensiveness of the comprehensive law: Different laws and decrees are for order and justice implementation, and the more comprehensive the law is, it helps the favorable state of that law.

Dr. MohammadAmin Keikha Farzaneh, head of the specialized group on the revision of laws and regulations of the country, was the secretary of this virtual meeting, and Dr. Mahdi Hadi, the head of the Judiciary Research Institute, Dr. Mohsen Najafikhah, member of the academic staff and head of the specialized group of principles and rules for drafting a comprehensive law, and Dr. Seyed Ahmad Habibnejad, member of the academic staff of the University of Tehran and the Deputy of the Constitution of the Presidential Legal Office expressed their opinions about the position of the comprehensive law in the normative pyramid, the road map and the process of drafting the comprehensive law.

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