Volume 19, Issue 65 (Spring 2014)                   __Judicial Law Views __2012__, 19(__59__): __224156 | Back to browse issues page

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Mirzaee E A. Legislation by Reference and Its Problems. دیدگاه‌های حقوقی 2014; 19 (65) :123-156
URL: http://jlviews2.ujsas.ac.ir/article-1-519-en.html
Shahre kord University , alimirzaee443@yahoo.com
Abstract:   (5932 Views)
 

Sometimes legislator enact a statute and reference in another act to that statute in this position, in fact, a tacit enactment take accurse. By which a law be re-enacted rather than repeat it wholly.

 

Albeit, this way of legislation has many problems: For example if one of those laws be amended or repealed, what will be validity of another act? In addition, interpretation of those related laws will be sophisticated.

 

Also this manner of legislating has many challenges in criminal laws if sanction of a crime has referred to another crime, how we can to enforce that sanction.

 

In this manner, we suppose some rules and principles to solve these problems. Subordinate amending and tacit Repealing of referenced law are so.

 
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Received: 2015/01/06 | Revised: 2019/02/06 | Accepted: 2015/01/06 | Published: 2015/01/06 | ePublished: 2015/01/06

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