Document Type : Article
Authors
1 Assistant Prof., Department of Public Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Assistant Prof., Department of Public Law, Faculty of Islamic Studies and Law, University of Imam Sadiq, Tehran, Iran
Abstract
The possibility of amending the Constitution is a necessity to adapt the political system to contemporary requirements and to address inefficiencies. However, to prevent instability in the political system due to frequent and discretionary changes, the constitutional review process requires rigorous, complex, and specialized procedures. Article 177 of the Constitution establishes the formal mechanism for constitutional revision and the obligations governing it, assigning the specialized review of proposed amendments to the Constitutional Review Council. This paper aims, through an analytical approach, to outline the legal requirements governing the formation, administration, and functioning of the Constitutional Review Council, thereby providing the necessary legal framework for implementing Article 177 in future constitutional revisions. Among the findings of this study is that the Constitutional Review Council is an independent—not merely advisory—body, tasked solely with examining proposed amendments rather than approving them. The President is obligated to form the Council and manages it until the members appoint its chair. Assigning certain matters entirely to the ordinary legislature has been criticized. The Council is also subject to substantive, temporal, and material limitations.
Keywords
- act of the revision council
- article 177 of the constitution
- constitutional revision
- revision council
- revision restrictions
Main Subjects
English
Albert, Richard (2014). "The Structure of Constitutional Amendment Rules". Wake Forest Law Review, 49, 913-975.
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