Document Type : Article
Authors
1 Phd Student in Public Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran
2 Ph.D. in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.
Abstract
According to articles 4, 91, and 98 of the Constitution, the Guardian Council has the authority to oversee the legislation of the Islamic Consultative Assembly (the Majlis) in terms of its conformity with Islamic law and the Constitution, as well as to provide post-facto religious oversight on all laws and regulations and interpret the Constitution. The Council's opinions are expressed in written form, and the transformation of discussions into writing faces certain limitations. These limitations require the establishment of guidelines for drafting the Council's opinions. This research, using a descriptive-analytical method, seeks to answer the question: what are the requirements for writing the opinions of the Guardian Council, and what effects does adherence to these requirements have? To provide an answer, the analysis of the Guardian Council's opinions will be conducted based on writing requirements, beginning with content-related requirements, followed by formal requirements. The most important content-related requirements include solid reasoning, guiding the legislator in addressing issues, and commenting on the contrary meaning of opinions. The most important formal requirements include clarity, robustness in legal language and terminology while avoiding neologisms, avoiding convoluted writing, avoiding generalizations, using clear and precise terms, and appropriate punctuation. Adherence to these requirements not only prevents negative consequences from the incorrect transmission of concepts but also leads to positive outcomes such as fulfilling the existential purpose of the Guardian Council, maximizing the innovative authority of legislative bodies, creating transparency in the country's legal system, speeding up the legislative process, and developing the legal system.
Keywords
- The works of correct writing
- the formal requirements of legal writing
- the substantive requirements of legal writing
- the opinions of the Guardian Council.
Main Subjects
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