ارزيابي الزام دولت به ابتكار قانون در اسلوب تعامل قوا در جمهوري اسلامي ايران

Analysis of Mandatory participation of the Executive Branch in Legislation-making Process in Iranʹs law.

In accordance with the separation of powers principle, legislation-making is the central and ultimate function of the legislature or parliament. Then, his function is not only an opportunity in which parliament members can evaluate and adopt any legislation proposals (Tarh or Laiehe), but also a situation to carry out the primary duty for passing new laws on new social problems. Reasonable expectation is that the parliament undertakes the major role of legislation-making throughout the initiation or suggestion to assessment and adoption. Therefore, participation of the executive branch and any other organ in this process is a voluntary function to help and complement that role. However, the common practice of the Majlis is that it can impose an obligation about initiatives or proposals by the executive branch (Dolat) to making new legislations imperatively on the certain and admitted problems of the society. This article analyzes the concept of mandatory legislation initiative or participation of the executive branch in law-making process in light of I.R. of Iranʹs constitution and cooperative model of the separation of powers.