A comparative study of the legal system governing national security institutions in relation to the executive and legislative powers in the Islamic Republic of Iran and the United States of America
Document Type : Original Article
Authors
1 Master's student in Islamic Studies and Law, Imam Sadiq University (AS), Tehran, I.R.Iran
2 Doctor of Public Law and Deputy Director of Public Law Revival at the Institute for Human Rights and Citizenship, I.R.Iran
Abstract
National security is a condition for establishing public order and the absence of national danger. This condition requires that rulers establish specific rules to restore national security. The prevailing legal order in various political systems around the world reflects the acceptance of the institution of "national security" alongside the legislative institution, whose decision-making and rule-making methods differ depending on the type of government. In the Islamic Republic of Iran and the United States of America, the legislative institution is the parliament of both countries, and the legal system of both countries provides for the institution of the "National Security Council" for security situations. In special situations where national security is threatened, other structures and laws of the country are generally limited and it is the security institutions that make decisions. These conditions sometimes limit the rule of law. Different opinions have always been expressed about the powers of these councils in relation to the executive and legislative branches in rule-making. For this reason, this research has attempted to answer the question using an analytical-descriptive method with a comparative study in a mixed and applied manner by referring to laws and analyzing them: What is the extent of the powers of national security institutions in relation to each other and the legislative (parliament) and executive branches in the Islamic Republic of Iran and the United States of America? The result is that the Supreme National Security Council in Iran has a more prominent role in decision-making than the National Security Council in the United States of America, and national security requires that an institution has extra-legal decision-making powers in this regard, but this should not limit the legislative and supervisory structures of general rule-making institutions, considering the principle of the rule of law. Therefore, national security decision-making institutions make decisions and policy rules on a case-by-case basis and in a limited manner, based on legal principles.
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