نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق، دانشگاه شهید بهشتی (نویسندۀ مسئول)
2 دانش‌آموختۀ دکتری حقوق عمومی، واحد تهران مرکز، دانشگاه آزاد اسلامی
3 دانشیار گروه حقوق، واحد علوم تحقیقات، دانشگاه آزاد اسلامی
4 استاد گروه حقوق، دانشگاه تهران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Presuming that these principles are disregarded and in order to discover the challenges of this area and settle them, this study, by using analytical-descriptive methods as well as documentary and library research methods, has come to the conclusion that since the legal nature of the General Policies of the Islamic System has not been clarified and the legal position of Supreme Council of Cultural Revolution is still dubious, policymaking by these two is in conflict with the principle of rule of law while other policymaking entities are in conformity with the law of rule principle to a large extent. By taking democracy criterion as a benchmark, the enactments by entities such as Supreme Council of Cultural Revolution, The Expediency Discernment Council and the two above-mentioned ministries are also suspicious and must be deliberated.
Therefore, satisfying the disputed public law principles has been generally a missing link of cultural policymaking and due to the dominance of managing, controlling, administrative-cultural policing and engineering, these principles have gradually become faded in cultural policymaking. This is an issue that its solution must be found in increasingly publicizing these entities by direct interference of individuals and NGOs, clarification and adapting a voting system for electing the members of the entities and ultimately, restricting the power of making cultural policies only to ministry of culture while considering the demands of Supreme Leader and parliamentary statutes.
کلیدواژه‌ها [English]
)