Pathology of Iran’s General Policies of the Legislative System with Emphasis on Structural, Substantive, Procedural, and Public Law Foundations

Abstract

The General Policies of the Legislative System constitute one of the principal strategic instruments for improving legislative quality, enhancing legal coherence, reducing legislative inflation, strengthening supervision, and coordinating the institutions involved in lawmaking in the Islamic Republic of Iran. Despite these objectives, their effective implementation continues to face a range of structural, substantive, procedural, and foundational challenges. Using a descriptive-analytical method and relying on documentary and library sources, this study examines these difficulties from the perspective of public law principles. The findings indicate that, at the structural level, ambiguity concerning the normative status of the General Policies, overlapping supervisory competences, institutional fragmentation, and the absence of a clear enforcement framework constitute major obstacles. At the substantive level, excessive generality, insufficient measurable indicators, potential tension among policy objectives, and weak mechanisms for periodic revision reduce their practical effectiveness. Procedurally, inadequate ex ante and ex post legislative assessment, limited stakeholder participation, insufficient legislative transparency, weak consolidation mechanisms, and poor coordination between legislation and subordinate regulation remain significant deficiencies. At the foundational level, the proper relationship between public interest, governmental jurisprudence, the rule of law, separation of powers, responsibility, and accountability requires further clarification. The study concludes that improving the effectiveness of the General Policies requires clarification of their legal status, measurable implementation criteria, stronger pre-legislative and post-legislative review, institutionalized legislative impact assessment, improved legislative consolidation, greater transparency and public participation, and a clearer allocation of responsibilities among the institutions involved in the legislative process.