امکان‌سنجی نظارت بر قانون‌گذاری چارچوبی در نظام حقوقی ایران: مطالعه‌ای تطبیقی با حقوق بریتانیا

Objective: This article examines scrutiny of framework legislation in Iran. It asks how far the legislature may leave a subject to later regulations without effectively transferring to the executive the determination of essential statutory elements and, with it, part of legislative authority.

Method: The study uses an analytical-comparative method and functional comparison. It revisits Iranian scholarship on the legislation–implementation distinction, non-delegation, and review of executive regulations, relating it to parent-statute sufficiency. It then assesses British criteria and devices at different stages of Iranian scrutiny while accounting for constitutional difference.

Results: Framework legislation is not inherently invalid. It is defensible when the statute makes the principal choices and delegates only technical and administrative details. Hidden transfer occurs when the persons covered, core conditions of entitlement or exclusion, fundamental rights and duties, major exceptions, or limits of sanctions are left to the executive without adequate statutory standards. Legislative deficiency in the parent statute must also be distinguished from regulatory defect in an executive instrument. In the former, the instrument may fall within the literal delegation while the defect lies in the statute itself; in the latter, the statute has made the essential choice, but the regulation conflicts with it or exceeds its authority.

Conclusions: Effective scrutiny requires a multi-stage model. Parent-statute sufficiency should be assessed during the legislative process and Guardian Council review. By contrast, review by the Speaker of Parliament and the General Assembly of the Administrative Court of Justice is chiefly suited to controlling conflict with statute, unsupported conditions, and excess of authority. British experience supplies functional criteria for justifying delegation and distinguishing principal policy choices from implementing details; it is not an institutional model to be transplanted.