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 Principles 4, 91 and 98 of the Constitution, the Guardian Council has the authority to pre-monitor the approvals of the Islamic Council in terms of contradictions with Sharia and the Constitution, post-Sharia supervision over all laws and regulations, and interpretation of the Constitution. Expressing the opinions of the council is done in the form of writing, and the conversion of reflections and speech into writing is faced with limitations, which attention to these limitations leads to the design of requirements for writing the opinions of the council. The current research with a descriptive-analytical method tries to answer the question that "what are the requirements for writing the opinions of the Guardian Council and what are the effects of adhering to these requirements" and to provide an answer to this question while analyzing the opinions of the Guardian Council based on the writing requirements, first the content requirements Writing, then its form requirements and finally the effects of adherence to these requirements are discussed. The most important content requirements for writing the opinions of the Guardian Council include being documented and well-reasoned, expressing objections, guiding the authorizing authority in order to resolve the objection and commenting on the concept of the opposite opinion, and the most important formal requirements for writing the opinions of the Council, including transparency and lack of ambiguity, solidity in literature and legal terms and Avoiding jargon, avoiding complicated writing, avoiding generalization and the use of ambiguous allegorical words and expressions and using appropriate punctuation marks, which adherence to these requirements, in addition to preventing the bad effects caused by the incorrect transfer of concepts, causes positive effects such as securing the council's existential purpose. The guardian guarantees the maximum initiative competence of the legislative and regulatory authorities, creates transparency in the country's legal system, accelerates the legislative process and the development of 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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