Document Type : Original Article
Author
Assistant Professor, Faculty of Literature and Humanities, Yasuj University, Yasuj, Iran. ebadjahanbin@gmail.com
Abstract
Market and its regulation are not merely economic concepts; rather, they are institutions that inherently encompass political and legal dimensions. Concept of the market takes different forms depending on the overarching political approaches. Each of these approaches employs distinct tools to regulate the market in pursuit of its objectives and theories. Governments sometimes adopt "rules" and "tools" perspective, which involves order and supervision rooted in state authority and public power, falling under mandatory policies and traditional regulatory instruments. Sometimes, they employ a meta-legal perspective, utilizing flexible and modern legal tools. Accordingly, depending on the approaches, three types of tools—"mandatory," "voluntary," and "hybrid"—are applied to mediate the relationship between state and market. In this context, the "Competition Council" and the "Market Regulation Headquarters" play a regulatory role by relying on the dual perspectives of "Imperium" and "Dominium" and employing various regulatory tools. This paper explores how these dual institutions can function within the framework of the mentioned approaches and the tripartite tools, assuming that these institutions possess meta-legal and modern capacities through more flexible tools. By adopting a descriptive-analytical approach, this study examines the market and its relationship with the state, emphasizing institutional and market fundamentalism in the capital market—as drivers of economic growth—and supporting key market actors. It also considers the regulation of both boundary and internal tools, as well as the challenges of ineffective market regulation
Keywords
References
Books
- Chhibber, Ajay, The State in a Changing World,Finance and Development, New York: Oxford University Press, 1997.
- Clark, Bari, Comparative Political Economy, Translated by Abbas Hatami, Tehran: Kavir Publication, first edition, 2010. (in Persian)
- Fallah Doost, Mehdi and Daud Khani, Collection of Executive Laws and Regulations of Article 44 of the Constitution, Tehran: Publishing Company, 2014. (in Persian)
- Ghaninejad, Moussa, An Introduction to the Epistemology of Economics, Tehran: Higher Institute of Research in Planning & Development, first edition, 1997. (in Persian)
- Gorji, Ebrahim, Evaluation of the Most Important Schools of Macroeconomics, Tehran: Institute of Business Studies & Research, first edition, 1997. (in Persian)
- Griffin, Keith, Economic Development Strategies, Translated by Hossein Raghfar and Mohammad Hossein Hashemi, Tehran: Ney Publishing, second edition, 2003. (in Persian)
- Howlett, Michael Ramesh, Public Policy Study, Translated by Ebrahim Golshan, Tehran: Public Management Education Center, 2001. (in Persian)
- Jowell, Jeffrey, The changing constitiution, oxford press, 1994.
- Khodadad Kashi, Farhad, Market Structure and Performance, Theory and Its Application in the Industrial Sector of Iran, Tehran: Institute of Business Studies and Research Publication, 1998. (in Persian)
- Ogus , Anthony, Regulation: Legal Form and Economic Theory, Clarendon press , Oxford, 1996.
- Promeh, Zorar, A Review of Market Regulation Policies in Different Countries, Tehran: Institute of Business Studies & Research Publication, 2015. (in Persian)
- Renani, Mohsen, Market or No-Market, Tehran: Program and Budget Organization, first edition, 1997. (in Persian)
Articles
- Welsch , Friedrich and V. Carrasquero , José, “Perceptions of State Reform in Latin America”, International Social Science Journal, Vol. 52, 2000.
- Ostrom, Elinor, “Beyond Markets and States: Polycentric Governance of Complex Economic Systems”, American Economic Review, Vol 100, No 3, 2010.
- "The Fundamental Principles of Financial Regulation, Geneva Reports on the World Economy 11", International Center for Monetary and Banking Studies, 2009.
- Akhundzadeh, Hamid Reza, and Ali Maravi, "Examining the Role of the Government in Economic Developments and Presenting a Model for Iran", Iran's economy and government Development Strategy Magazine, No. 2, 2005, PP 209-230. (in Persian)
- Karzand, Israel, "Information about the Economic Schools of the Austrian School", Economic Magazine, No. 21 & 22, 2003, PP 61-68. (in Persian)
- Promeh, Zorar, Iran's Economy and Commerce: A review of Iran's Market Regulation Policies and Its Comparison with the Experiences of Selected Countries", Commercial Reviews, No. 25, 2007, PP 4-11. (in Persian)
- Cheraghi, Davoud and Semane Qalipour, "The Study of the Effect of Economic Policies on the Regulation of the Tea Market in Iran", Business Reviews, No. 37, 2018, PP 27-42 (in Persian)
- Hosseini, Shamsuddin and Afshana Shafiei, "The Interaction between the Government and the Market and the Regulation Approach in Iran's Economy, A Reflection on the General Policies of Article 44 of the Constitution", Economic Research & Policy Quarterly, No. 43, 2016, PP 25-60. (in Persian)
- Rodrick, Danny, "The End of the Washington Consensus and the Beginning of Washington's Defeat", Translated by Hossein Taslimi, Political Economy Magazine, 2nd Year, No. 5 & 6, 2016, (in Persian)
- Salahi Menesh, Ahmed, Afshane, Shafiei, "Theoretical and Practical Analysis of Market Evolution from Positive Controls to Negative Limits", Journal of Business Studies, 52, 2013 (in Persian)
- Karimi, Akram, "The Role of Management in Regulating the Market", Economic, Social and Cultural Cooperative Monthly, No. 184, 2006, (in Persian)
- Mirjalili, Fatemeh, "Bill of Regulations Facilitating Competition and Regulations Related to Controlling and Preventing the Formation of Monopolies", Research Center of the Islamic Council of the Islamic Shura, No. 8024, 2005. (in Persian)
Documents
- Consumer and Producer Support Organization Statutes Approved in 19/01/1980. (in Persian)
- Decisions of the Special Representatives of the President in the Work of the Market Control Group, Approved in 28/9/2013. (in Persian)
- Decisions of the Special Representatives of the President to Regulate the Cotton Market Approved in 25/07/1995. (in Persian)
- Executive Regulations of the Law on the Establishment of the Crisis Management Organization of the Country Approved in 23.01.2018. (in Persian)
- Plan to Reform the Consumption Pattern in the Family Approved by the 653 Meeting of the Supreme Council of Cultural Revolution Approved in 3/09/2018. (in Persian)
- Report of the Office of Economic Studies on Market Regulation, Theoretical and Functional Principles of the Ministry of Commerce, 2008. (in Persian)
- Report of the Parlement Research Center, A Legal Look at the Scope of the Government Penal Organization, 1996. (in Persian)
- Resolution of the Council of Ministers to Take Decisions in Order to Provide the Basis for Market Regulation of Some Goods Approved in 13/07/2014. (in Persian)
- Resolution of the Government Board to Reduce the Car Tariff in Line with the Regulation of the Market Approved in 10/22/2013. (in Persian)
- The Decision of the Special Representatives of the President in the Market Regulation Support Headquarters to Allow the Import of 2000 Tons of Sugar for Distribution in Trade-Industrial Centers and to Regulate the Market with Money Order Approved in 04/05/1999. (in Persian)
- The Decision of the Special Representatives of the President in the Support Headquarters of the Market Regulation Program Based on Article 127 of the Constitution of the Islamic Republic of Iran and Based on the Approval Letter No. 40214/287. (in Persian)
Laws
- Law on Amending Articles of the Fourth Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran Approved in 15/06/1999. (in Persian)
- Law on the Implementation of General Policies, Article 44 of the Constitution Approved in 02/11/2007. (in Persian)
- Law of the Third Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran Approved in 05/04/2000. (in Persian)
- Law of the Fourth Program of Economic, Social and Cultural Development of the Islamic Republic of Iran Approved in 01/09/2004. (in Persian)
- Law of the Fifth Program of Economic, Social and Cultural Development of the Islamic Republic of Iran Approved in 05/01/2011. (in Persian)
- Law of the Sixth Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran Approved in 05/04/2017. (in Persian)
)