نوع مقاله : علمی-پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Abstract
In this research, an attempt has been made to examine the legal system in the Islamic Republic of Iran from the perspective of behavioral factors. These factors, which arise from normative and structural components, have significant effects on the legislative process, and knowing them helps to better understand the category of good governance. The main question raised in this research is: What are the behavioral factors influencing the legislative process in the Islamic Republic of Iran? In line with the aforementioned question, the hypothesis of this article is that a set of official and unofficial agents and agents have an impact on the important issue of law making in the country and each of them tries to change the legislative behavior in line with their interests and desires. The present research is based on the descriptive-analytical method, and the data are prepared by the library method and by taking a file. The findings of the research show that the behavioral factors affecting legislation in Iran are a reflection of Islamism and republicanism as the two basic values of the structural system of the Constitution; Republic has led to the emergence of democratic institutions and Islam has led to the emergence of high supervisory institutions. Each of these two, in the framework of the theory of good governance, indicates the limitations and possibilities of the said system.
Keywords: Legislation, Islamic Republic of Iran, behavioral factors, good governance, democratic system.
Introduction
One of the important functions of the legislative branch in the Islamic Republic of Iran is to create a hierarchy of structures and norms that both affect and are affected by behaviors. Achieving good governance is a constant goal of human society, and this achievement is under the protection of correct legislative norms and the absence of relevant normative, structural and behavioral conflicts. Therefore, legislative performance is directly influenced by norms and structures and is reflected in the behavior of agents and direct and indirect agents. For this reason, this article has been written with the aim of studying the behavioral factors affecting the legislative process in the Islamic Republic of Iran based on the conceptual model of good governance, and has tried to identify the strengths and weaknesses of these effects by citing examples. to better explain the current events in the country's daily and political life. The concept of good governance is important because its main characteristics are directly related to the main characteristics of democratic political systems. Therefore, considering the two dimensions of republicanism and Islamism of the Islamic Republic of Iran system, especially from the point of view of the constitution, an attempt has been made to emphasize the positive and negative effects of behavioral factors involved in the legislative process for the republicanism and the democratic dimension of the Islamic Republic of Iran.
Materials and methods
The methodology of the current research is descriptive-analytical, and the information and data were examined, collected by the library method, and in the stages of the research, the fish collection method was used.
Discussion and results
In the current research, according to the conceptual model of the research, which is the ideal governance, the legislative process in the Islamic Republic of Iran as a dependent variable, and multiple institutions affecting the legislative process, as well as informal factors affecting the same process, as partial independent variables, have been investigated. The effective behavior of the official agents of the government on the state and legislative process in the Islamic Republic of Iran has a reliable relationship with their position in the construction of the political system. In explaining the modeling of sovereignty in the model of the Islamic Republic of Iran and the role of the components of the nation, leadership, legislative, executive and judiciary, it should be noted that the Constitution accepts the sovereignty of the people and the system of separation of powers as key components. Democracy has made it bound and enclosed in the foundations and teachings of political governance in the Islamic system. In addition to the triad of legislative, executive and judiciary, it is necessary to mention the functions of sensitive institutions such as the Council of Leadership Experts and the Expediency Recognition Council in decision-making and intervention in the country's affairs, which are dependent on none of the powers. In addition, the behavior and position of unofficial agents is also considered another influential factor in the process of legislation. This category of regulatory factors to limit the power and good implementation of accepted laws are outside the structure of the political system and can indirectly affect the realization or non-realization of desired governance. Public opinion, mass media, political parties, seminaries and jurisprudential authority are among the most important of these factors.
Conclusion
In this research, an attempt was made to examine the legal system in the Islamic Republic of Iran from the perspective of behavioral factors. Each of the mentioned factors has a significant role in influencing the legislator's behavior in the process of making regulations. This role arises from the normative or structural factors that show themselves in the behavioral factors of legislation and they should be examined in the framework of the theory of good governance, which is a set of practical criteria of a democratic political system. In other words, democratic systems, according to the principle of good governance, have three characteristics, which are process characteristics, substantive-value characteristics and organizational characteristics. On the other hand, the governance and structural system of the Constitution in Iran has two aspects, Islamism and republicanism. For this reason, the government has distanced itself from the fundamental principles of good governance and does not follow the logic of the principle of separation and interaction of powers. As a result, the Constitution has created a special and unique model of governance that cannot be considered as the processes and structural and organizational platforms of good governance. Iran's government system has not followed any of the presidential, parliamentary or semi-parliamentary models and naturally their internal logic. At the same time, achieving the values and principles of good governance requires the government organization and structures compatible with democracy, which have the characteristics of participation, accountability, the rule of law, and respect for human rights and public freedom. Therefore, achieving good governance in the system of the Islamic Republic of Iran requires re-reading the factors affecting the legislative process, among which formal and informal behavioral factors have a special place.
کلیدواژهها English