Journal of Law Review. Vol., 2 (2), 42-45, 2016
Available online at http://www.jlrjournal.com
ISSN 2458-7664 ©2016
Tasks and Duties of the Supreme Council of
Cultural Revolution
Hadi Absavaran, Dr. Saeid Mohammadi-Sadegh*
Department of Law, Zahedan Branch, Islamic Azad University, Zahedan, Iran
*
Corresponding Author Email: [email protected]
ABSTRACT: The aim of this study was to evaluate the functions and duties of the Supreme Council
of the Cultural Revolution. Supreme Cultural Revolution Council as a council that today is the most
important and decisive decisions in the field of culture and higher education, the main job is policy and
since the major policy is beyond the law, that Congress should consider legislation and the policy has
the lower status of the constitution and higher than the normal law. It seems that cultural engineering as
a way to improve the legal conditions applies to the Supreme Revolutionary Council. The findings of
this study indicate that constitution on the basis of Article 173 of the constitution dealing with cultural
affairs is assigned to the competence of the Supreme Council of the Cultural Revolution. According to
the Supreme Council of the Cultural Revolution in the administration's cooperation in implementing
the decisions of the Supreme Revolutionary Cultural Council provides that the government officially
and in writing is notified that the decisions of the Supreme Council of the Cultural Revolution are by
law and various ministries is required that they have efforts greedily on the financing and assistance
needed to carry out the decisions and employ people.
KEYWORDS: The Supreme Council of Cultural Revolution, The Competence of the Council,
Cultural Engineering.
INTRODUCTION
One of the most important discussions about the Supreme Revolutionary Cultural Council is that
in which the legal status of its decisions is and in which the hierarchy of laws is. Supreme
Revolutionary Cultural Council establishes the rule of law and its decisions must be implemented by
the relevant authorities, but the important thing is that what is the relationship of the Council and its
decisions with Parliament and approvals? And according to the constitution, the leader is the first man
of the country and his decrees also excel on the decisions of Parliament. The order of Islamic ruling is
regarded as the legal order that the validity of any decree is subject to the compatibility with it.
Guardian Council in a position to comment on decisions of the Parliament should study these decisions
which are not inconsistent with the constitution and religious orders (including leadership
commands).According to one of the most important fundamental rights of the Islamic Republic of Iran,
the supreme leader of the ruling government, Supreme Council of Cultural Revolution is permitted to
enact the bill at its disposal because under the decree establishing the council and in the call of Imam
Khomeini (RA) to question of ex-council head are stipulated on the legal nature of the decisions of this
institution to this issue; but one of the key issues in this context, is that the worth and the High Council
of Cultural Revolution positions not be properly explained. Indeed, the Guardian Council actually has
rejected some parliamentary rules because of conflict with decisions of the Supreme Revolutionary
Cultural Council. Based on the principles of the ninety-first and ninety-fourth constitution, the
Guardian Council has a duty to adjust legislation in terms of the compatibility with "Islam" and
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"constitution" and implementation of the laws of the High Council of Cultural Revolution is not the
subject of the action for the Guardian Council's Constitution. In fact, it may be said that Guardian
Council for such opinions according to Article 57, decisions of the Supreme Council of the Cultural
Revolution are regarded as the rule by decree and as policies issued rulings by the supreme leader
(Elham & Mirmohammadi Meibodi, 2014) Legislation is one of the main tasks the House; that is what
fits in the definition and scope of law, it is truly within the competence of the Assembly Council. The
competence of Parliament and the legislatures are general and included in all fields and issues related
to state - country debate, discussion and reflection, and in the end, the regulations are imposed (Qazi,
2005).
Definition of the Cultural Revolution
The movement of Cultural Revolution had to perform entirely by an "institution" and the Supreme
Council of the Cultural Revolution (Islamic Supreme Council of Culture of the Islamic Republic) must
be at the head of this institution. As for the realization of the Cultural Revolution Headquarters the
Imam specified, universality of the movement must be a responsibility for a centralized entityin
continuation of the movement (this entity must be called the same name of the Cultural Revolution
committee or something synonymous with the concept) and the responsibility for change and
revolution must have in all aspects of the training, research and cultural system of the country and
directing and coordinating all aspects of basic education (primary and secondary) and higher courses
include teaching and research so that coherence and coordination in the country's education system at
all levels could be established. Considering the necessity of a distinguished institution with certain and
appropriate organizations and in conformity with the responsibilities given is of great importance. The
reason of the emphasis of the Cultural Revolution is that the whole plan is not implemented in the
Supreme Council without subset units and planning and executive operations. Because an experience
such councils in the Ministries of Science and Education etc. have shown that they are virtually
ineffective and will come just as ceremonial near the ministry as a ceremonial that only move in
general affairs and apart from text case and also due to lack of monitoring and following-up its
decisions on the same level have not the enforcement (University of the Revolution, 1983: 81).
The Definition of Cultural Engineering
For the first time, cultural engineering concept was used by the Supreme Leader in order to
emphasize and explain the importance of culture and cultural values dimensions in 2003.According to
national and global circumstances, cultural engineering has been proposed to redesign, improve and
promote the dignity and economic, political, security, judicial and social relations of the country based
on the engineering culture. Scientific and rational development of this concept can be used as a means
to eliminate and delete functions of the existing culture and to identify the positive aspects of national
culture and ethnicity and other nations. Obviously the lack of attention to this aspect results in
undermining notions of culture and heritage of Iranian national identity in opposition to alien cultures
(Asgharizadeh & Qasemi, 2010).
Cultural engineering includes a series of efforts to promote the perspective of Islamic-Iranian
Culture, the prevention of the creation of cultural and identity crisis, the prevention of our ladders
against penetrating Western culture, ideals of the Islamic Revolution qualitative growth of the country's
cultural characteristics and cultural modernization of society. Achieving these goals requires cultural
engineering and strategic management culture. The Supreme Leader called for the completion and
implementation of cultural engineering and procurement of cultural attachment for the important
projects in the first paragraph of cultural policies. In paragraph "cultural engineering" (the politics of
cultural affairs), Iranian leader emphasized on the completion and implementation phase of the project
and preparing a cultural attachment to important projects in the country (Sobhaninejad et al., 2010).
"Today the map of cultural engineering the SCCR on the table must be ready. "It was a sentence
that the supreme leader emphasized on the principled strategy of country's cultural engineering in
December 31, 2005and demanded all attention and investment of officials, scholars, researchers and
the public. Following this strategy, we hope elite entrepreneurs scrambling, legal entities, television
and radio and the press and each one focused on the contribution to the theoretical study and listing
requirements, demands and ways of providing this important affair they enumerated the remaining
challenges, also made efforts and quantum leap forward was formed in the development of this new
movement (Baqerifard & Davoudabadi, 2010).
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Assignments Council of Cultural Revolution
In fact, the general policies of the system are as part of the constitution (paragraph I of Article
110) and accordingly, if the legislation is inconsistent with the general policy, it is contrary to the
constitution and the Guardian Council can declare paragraph I of Article 110 of the constitution in
legislation contrary to the constitution (Hashemi, 2001). Looking back duties 28 cases, for the Supreme
Revolutionary Cultural Council adopted by the Council on "position, objectives and tasks of the
Supreme Council of Cultural Revolution", has been provided and is also approved by the Supreme
Leader and has been published in the Official Gazette No. 1540- 01/05/1997,we see three task for the
Council. One group of these obligations has not the nature of decision-making and decision making;
like paragraph 2 (analysis and explanation of the impact of world conditions, and the cultural center
and the most important tools in the field and the adoption of appropriate measures),paragraph 3
(analyzing conditions, and the cultural, social and community values to determine strengths and
weaknesses and provide the solutions appropriate) and so on. Another group of these assignments has
bound up the Supreme Council of the Cultural Revolution to have a cultural policy in various sectors;
like paragraph 1 (Islamic Republic of Iran and principles of cultural policy goals and education,
research, cultural and social policies),paragraph 7 (formulation and adoption of basic policies ads
country),paragraph 9 (determining the policies of education and training, and higher education) and so
on.Another part of the obligations that is provided in the resolution of the status, goals and tasks by the
Supreme Council of the Cultural Revolution is legislative in nature; like paragraph 10 (preparation and
approval of appropriate programs to strengthen and promote religious propaganda, etc.),paragraph 11
(preparation and adoption of strategic plans and applications to create a healthy and constructive social
relations and the improvement of "anomalies"),paragraph 14 (preparation and approval of appropriate
programs to identify manifestations, and practices of enemy's cultural onslaught on the foundations of
thought, culture and Islamic and revolutionary values and designing strategies and necessary measures
for its rejection),paragraph 17 (preparation and adoption of plans and programs seminary and
university cooperation in the fields of science, education and research) and so on. In this context, the
Guardian Council could indirectly play a supervisory role over the decisions of the Supreme Council of
the Cultural Revolution. In this way, if the decision approved by Council Directive is not assigned
beyond the limits of the powers to it, it is according to the verdict of Imam Khomeini and the Supreme
Leader of the House is able to reject legislation that is inconsistent with these decisions of the Supreme
Council of Cultural Revolution, and if the decision of the Council is determined out of the range of
options intended, it can approve legislation contrary Parliament. Thus, for the resolutions of the
Supreme Council of the Cultural Revolution are not about a violation by the House, it must fulfill three
conditions: first, the content should be considered within the framework of the Council for their
approval status; so, ratification which is economically or militarily or otherwise, outside of the
framework of the Council; second, it must have a policy nature; So, if these enactments (except in a
few cases mentioned above) have legislative or executive nature, the parliament will be able to violate
it; third, the decisions of the High Council of Cultural Revolution must not be inconsistent to the laws
and provisions of superiority such as ordinances of government and the constitution (Elham &
Mirmohammadi Meibodi, 2014).
The Duties of Supervision and Inspection of the Supreme Council of Cultural Revolution
In regulations of the Supervisory Board which was approved on the first of January 1986 by the
Supreme Council on the purpose of the formation of the Board is said: "in order to safely care during
the Cultural Revolution and address the issues and problems that arise during the development and
progress, the panel is formed as the supervision and inspection. "The main task of the board decreed
has been mentioned in the regulations. "Supervising the implementation of the decisions and
instructions of the Supreme Council of the Cultural Revolution are performed in various ways,
including through the deployment of inspection bodies and academic institutions, cultural and
educational centers and advertising art. "Thus we see that the jurisdiction of the Board in addition to
the scientific subjects, it also covers cultural issues, advertising and artistic education and so the board
considers all the activities that take place under this heading in all the country (Shojaeifard, 1994).
Monitoring the Decisions of the Supreme Council of Cultural Revolution
In a legal system, principles of hierarchy of laws, as a culture and values, must always act
according to law and regulations by competent authorities. Legislation, then it will affect the optimal
point of the discipline having worthy. A good regulatory system, in addition to observing the principle
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of a series of laws and regulations, must have proper mechanism to evaluate and monitor the
regulations while doing it. If we emphasize on the possibility of litigation provisions as citizens of
public control, we will design appropriate regulatory system to achieve legal system (Malek Afzali,
2000).
CONCLUSION
The aim of Supreme Revolutionary Cultural Council is particularly policymaking. Since the
major policy is beyond the law, that Congress should consider legislation and the policy has the lower
status of the constitution and higher than the normal law. So, first, the Council is unable to enact
legislation contrary to its constitution and second, Parliament should pass a resolution against the
policy of the Council and the same reference that (Guardian Council) is responsible for compliance
with the constitution adopted legislation to recognize, including the obligation to adapt its legislation
with the general policies because the Expediency Council and the Supreme Council of the Supreme
Council of Culture are the highest. Cultural engineering also apply as a way to improve the legal
conditions to the Supreme Revolutionary Council. The findings of this study indicate that constitution
on the basis of Article 173 of the constitution dealing with cultural affairs is assigned to the
competence of the Supreme Council of the Cultural Revolution. According to the Supreme Council of
the Cultural Revolution in the administration's cooperation in implementing the decisions of the
Supreme Revolutionary Cultural Council provides that the government officially and in writing is
notified that the decisions of the Supreme Council of the Cultural Revolution are by law and various
ministries is required that they have efforts greedily on the financing and assistance needed to carry out
the decisions and employ people. Therefore, we have determined that the exchange of information
between the Council and Parliament is very useful.
Conflict of interest
The authors declare no conflict of interest
REFERENCES
Asgharizadeh E, Qasemi A, 2010. Opportunities and challenges facing cultural engineering. No. 29/30.
Baqerifard M, Davoudabadi M, 2011. Cultural engineering principles and policies governing the
country from the perspective of the Supreme Leader. No. 45/ 46.
Elham Gh, Mirmohammadi Meibodi M, 2014. To study interference of Cultural Revolution High
Council resolutions Parliament. the State Expediency Assembly. Journal of Islamic Law, No. 37
(Research).
Hashemi S. M, 2002. Political Management (the policy or policies). President Publications, Tehran,
Iran.
Malek Afzali M, 2000. The status and validity of decisions of the Supreme Council of Cultural
Revolution. the Islamic State Journal, No 48.
Qazi A, 1992. The basic political rights institutions. U publications Institute of Tehran University,
Volume I.
Shojaeifard M. H, 1994. Familiarity with the duties of supervision and inspection of the Supreme
Council of Cultural Revolution. University of Revolution, No. 97.
Sobhaninejad M, Afshar A, Norouzi M, 2010. To establish the position of national media in order to
meet the dynamic cultural development of the West's cultural invasion. cultural engineering, No.
37/38.
The University of the Revolution, 1983. How must Continuation of the Cultural Revolution be?
Planning for the Council of the Cultural Revolution, No. 14.
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