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:: Volume 5, Issue 16 (9-2021) ::
3 2021, 5(16): 46-61 Back to browse issues page
Ambiguity in the rules of transparency
Saeid Feyzi
Abstract:   (1150 Views)
The art of good lawmaking is to pass the law so clearly, unambiguously, and away from any ambiguity that the subjects and the executors can easily and well understand the meaning of the legislatorchr('39')s opinion and use it for the purpose intended by the legislator. A contradictory law, ambiguous or complex, confuses or misleads a person who wants (and should) follow the law. On the other hand, if the law is not clear enough and is ambiguous, the possibility of misinterpretation and misinterpretation (interpretation by vote) will increase and equal opportunities to benefit from the law will be lost .When simple rules are all understood and unambiguous, the number of people who understand and master the law will increase, and as a result, the possibility of exploiting the negligence and ignorance of stakeholders will decrease.
Because individuals are aware of their rights and how to claim them, and in such circumstances, delinquent employees will not have the opportunity to complicate work processes, interpret the law, and abuse the law.
The examples and analyzes presented in this study show that the laws adopted in Iran face two types of ambiguity (formal ambiguity and content ambiguity), And the Iranian legislative system has mainly spent its energy on resolving ambiguity (as a therapeutic measure) through the enactment of interpretive laws, and the current legislative process in Iran has not led to the elimination of the damages that lead to the enactment of ambiguous laws.From the point of view of this research, it is necessary for the legislative body to move with serious efforts to strengthen the legislative process and eliminate the enumerated damages (as preventive measures from ambiguity in laws).
Keywords: Legislation, transparency of laws, ambiguity in laws, good legislation.
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Type of Study: Research | Subject: Special
Received: 2020/10/31 | Accepted: 2021/10/8 | Published: 2021/10/8
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Feyzi S. Ambiguity in the rules of transparency. 3. 2021; 5 (16) :46-61
URL: http://malieh.dmk.ir/article-1-182-en.html

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Volume 5, Issue 16 (9-2021) Back to browse issues page
دانش حقوق و مالیه Knowledge of Law and Finance
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