In economic public law, it is permissible for the public authorities, whether the legislative or the executive, to adopt and enforce measures that they consider to be positive in order to improve the conditions in face of market and economic shortcomings. These are called regulatory actions, and although there are disagreements on to what extent and how they should be applied, they are in principle endorsed by all legal systems. Now, in particular, the legislator choosing a regulatory act faces the question whether such act is inconsistent with the legal principles such as the principle of equality. Every particular resolution of legislator naturally aims to create difference and discrimination. Thus, the question of this research is how the legal systems of Iran and France deal with the relation between regulatory actions and the principle of equality. It was seen from study of the legal resources, and in particular the practice of the Constitutional Councils of these two countries, that the Constitutional Council of France, except in 5 categories, including inter alia race, ethnicity and religion, where it does not accept discrimination in any way, adopts a precautious approach accepting in principle the legislator's opinion unless it encounters a gross error. The Constitutional Guardian Council of Iran, however, does not yet have a solid understanding of the principle of equality and, at times, does not accept the legitimate opinion of the legislator that the different conditions or the pursuit of public interest is involved.
