The Legal Nature of the Central Bank In Iran's Legal System

Qodsi, Mostafa; Rostami, Vali; Habibi Babadi, Ahmadreza

doi:10.48308/eclr.2025.240135.1176

The Legal Nature of the Central Bank In Iran's Legal System

Document Type : Original Article

Authors

mostafa qodsi ¹

Vali Rostami ² ^¶

Ahmadreza Habibi Babadi ¹

¹ L.L.M, Faculty of Islamic Studies & Law, Imam Sadiq University (A.S), Tehran, Iran Corresponding Author Email: mostafa0qodsi@gmail.com

² Professor of Law, Faculty of Law & Political Science, University of Tehran, Tehran, Iran

https://doi.org/10.48308/eclr.2025.240135.1176

Abstract

The Legal Nature of Administrative Institutions in Iran is one of the most complex and ambiguous issues in the administrative system, a problem that has intensified in recent years. The legal nature of the Central Bank, as one of the largest and most important institutions in the country's administrative and economic system, remains a key challenge in the administrative system's interaction with this entity. Despite multiple amendments to its governing laws, the legislature has not taken a clear stance on the matter, leading to perceptions that this ambiguity may be intentional. Perhaps due to this ambiguity -along with the severe lack of legal literature on the subject- no independent research has been conducted to clarify the legal nature of the Central Bank. Few have ventured into this obscure and multifaceted issue for examination. However, answering the question, "What is the legal nature of the Central Bank under Iran’s legal system?" is crucial, particularly for reforming the banking supervision framework and monetary governance. This question is key to any discussion on restructuring the Central Bank and strengthening its independence from the government, making it indispensable for resolving related consequences. In this study, through an analysis of existing laws and regulations, legislative, executive, and judicial practices -as well as the prevailing political atmosphere – it is argued, based on collected legal sources, that the legal nature of the Central Bank under Iran’s legal structure is that of a “state-owned company

Keywords

Legal Independence

Central Bank

State-Owned Company

Legal Nature

State Institution

Refrences

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