Abstract
The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.
Highlights
This paper focuses on the situation of public property and public ownership in the current Iranian Constitution, mainly on principle 44
In certain sections of this article, translation of Iranian legal text has been provided by the author
When the legislator decides to act on such discussion, it is automatically incorporated in the legal domain, and at that point, there should not be any inconsistencies with the constitution
Summary
This paper focuses on the situation of public property and public ownership in the current Iranian Constitution, mainly on principle 44. In certain sections of this article, translation of Iranian legal text has been provided by the author. “The economy of the Islamic Republic of Iran is based on three sectors: state, cooperative, and private, and is to be based on systematic and correct planning. The private sector consists of those activities concerned with agriculture, animal husbandry, industry, trade, and services that supplement the economic activities of the State and cooperative sector. Ownership in each of these three sectors is protected by the laws of the Islamic Republic, in so far as it is consistent with the other principles of this chapter, and does not go beyond the bounds of Islamic law, and contributes to the economic growth and progress of the country and does not harm the society. The details of the regulations and scope and conditions each of these sectors, will be specified by law”
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