Public Law Studies Quarterly

The Requirements of Writing Guardian Council Opinions and their Impacts

Document Type : Article

Authors

Ali Ariannezhad 1
Mohammad Ali Farahany 2

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.

https://doi.org/10.22059/jplsq.2023.346186.3144
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. ‎
Subjects

  1. References In Persian:

    1. A) Books
    2. Aghah, V. (2009). Fundamental rights and principles of public law in the proceedings of the General Board of the Administrative Court of Justice (2008-2011). Tehran: Jangal Publications (In Persian).
    3. A group of authors (2019). Outlines of the Constitution of the Islamic Republic of Iran. Vol.1, Tehran: Shura Gardhani Research Institute (In Persian).
    4. Begzadeh, S. (1382). law writing style manual. Tehran: Islamic Council Research Center (In Persian).
    5. Ghafi, H., & Shariati, S. (2015). Principles of Applied Jurisprudence. Vol.1. Qom: Hozha and University Research Center (In Persian).
    6. Khomeini Mousavi, S. R. (1387). Sahifah Imam. Vol. 6, Tehran: Institute for Editing and Publishing the Works of Imam Khomeini (RA) (In Persian).
    7. Omid, H. (1389). Amid's Detailed Culture. Tehran: Zarin (In Persian).

     

    1. B) Articles
    2. Abu-Ata, M., & Mohammadi, P. (2018). Distinction of canceling the order of eviction of a tenant subject to the approved Landlord-Tenant Relations Law 1356. Studies in Islamic Jurisprudence and Law, 20, 325-350 (In Persian).
    3. Taghizadeh, J., & Samiyan, F. (2014). Allocation of legislative authority of the Islamic Council in Iran's constitutional system. Legal Researches, 27, 43-62 (In Persian).
    4. Hosseinzadeh, M. J. (2013). Public policy making with a jurisprudential approach (Fiqh al-Adara) (4) Definition of concepts and terms. Management in Islam, 24 and 25, 47-78 (In Persian).
    5. Soodmandi, A. M. (2017). The validity and documentation of the opinions of the General Board of the Court of Administrative Justice; Objection in reference to the Constitution. Public Law Research, 61, 261-290 (In Persian).
    6. Sadeghi Moghadam, M. H., & Imamvardi, M. H. (2012). Types of Ambiguity in Legal Propositions. Shiraz University Legal Studies, 2, 137-159 (In Persian).
    7. Abbasi, B.; Maddkar Haqjo, M.; Parveen, Kh.; Hashemi, M. (2018). Legal analysis and pathology of the guarantee of implementation of the supervision of the Speaker of the Islamic Council on the approvals of the Board of Ministers and its consequences. Legal Research, 88, 39-62 (In Persian).
    8. Masjid Saraei, H., & Faiz, Z. (2015). Introduction to the "Opposite Concept" in the Interpretation of Legal Propositions. Islamic Jurisprudence and Law Research, 45, 115-136 (In Persian).
    9. Mehrpour, H. (1372) Guardian Council and Review of Laws. Judicial and Legal Journal of Justice, 55-74 (In Persian).
    10. Mousavi Moghadam, M. (1382). The Art of Law Writing. Judiciary Legal Journal, 43, 242-245 (In Persian).
    11. Mousazadeh, E. (2017). Components and principles governing a correct administrative system. Public Law Thoughts, 13, 112-99 (In Persian).
    12. Vaezi, S. M. (2008). The role of the Administrative Court in Sharia proceedings of administrative regulations. Legal Studies, 3, 125-151 (In Persian).
    13. Vije, M., & Ketabi roudi, A. (2013). The Limits of the Jurisdiction of the Court of Administrative Justice in the Appointment of Managers of Public Non-Governmental Institutions (Case Study of the CEO of the Social Security Organization). Perspectives on Judicial Law, 65, 181-204 (In Persian).

     

    1. C) Articles published in books
    2. Ghamami, S. M. M. (2013). "Basic Procedure in France" in: Comparative Basic Procedure, Tehran: Guardian Council Research Institute, 67-91 (In Persian).
    3. Mansourian, M. (2013). "Basic proceedings in the Republic of Colombia" in Comparative Basic Proceedings, Tehran: Guardian Council Research Institute, pp. 219-243 (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
Autumn 2024
Pages 2747-2773

  • Receive Date 25 July 2022
  • Revise Date 29 October 2022
  • Accept Date 30 January 2023

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