Document Type : Article
Authors
1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 MA. Student in Public Law, Faculty of Law, Imam Sadeq University, Tehran, Iran
Abstract
The Guardian Council is an independent institution, separate from the three branches of government in Iran’s constitutional system. Although legislation is an inherent function of the legislative branch and, based on multiple principles and foundations in the field of public law, other institutions generally lack this authority, the multiplicity of legal norms, the detailed nature of legislative processes, and the practical realities of the legal system sometimes necessitate the exercise of the Guardian Council’s statutory powers and duties. This is particularly the case in the supervision of elections, which is an all-encompassing task in which the Guardian Council acts as an administrative body. Under such circumstances, the notion of legislation in the form of legal norms by the Guardian Council is neither theoretically implausible nor practically unattainable. This paper, using a descriptive-analytical method based on credible sources and taking into account the existing legal rules and regulations in Iran, seeks to answer the question: What is the scope and extent of legislation (in the general sense) and regulatory issuance (in the specific sense) by the Guardian Council? If such authority exists, the study aims to clarify and distinguish it, and to define the conditions and rules governing its exercise. Finally, by examining prevailing views on the legal nature of the Council’s electoral enactments and based on theoretical foundations established in the research, the 2021 Electoral Act issued by the Guardian Council is analyzed and evaluated.
Keywords
- guardian council
- legislative competence of the guardian council
- legislation of the guardian council
- election decree
- regulation
Main Subjects
References In Persian:
- A) Books
- A group of writers (2013). Comparative basic proceedings. Tehran: Guardian Council Research Institute (In Persian).
- A group of writers (2021). The Constitution of the Islamic Republic of Iran. 1,Tehran: Guardian Council Research Institute (In Persian).
- Abbasi, B. (2013). Fundamentals of constitutional rights. Tehran: Jangal Publication (In Persian).
- Abbasi, B. (2019). Basics of public law. Tehran: Justice publication (In Persian).
- Abbasi, B. (2021). Administrative law, 4th edition, Tehran: Judge's publication, 6th edition (In Persian).
- Aghaei Touq, M., & Lotfi, H, (2018). Administrative Law. 1st edition Tehran: Publishing Company (In Persian).
- Dietmar von der Fordeten (2017). An introduction to the philosophy of law. Tehran: Contemporary view publication (In Persian).
- Fierahi, D. (2021). The concept of law in contemporary Iran. Preconditional developments, Tehran: Ni publication (In Persian).
- Ghamami, M. M. (2013). Fundamental Rights of the Islamic Republic of Iran. Tehran: Islamic Revolution Documents Center (In Persian).
- Ghazi Shariat Panahi, A. (2015). Fundamental rights and political institutions. Tehran: Publication of Mizan (In Persian).
- Ghazi Shariat Panahi, A. (2016). Essential right. edition 53, Tehran: Mizan publishing house (In Persian).
- Harisinejad (2022). Comparative Basic Law. 4th edition, Tabriz: Aydin Publishing (In Persian).
- Hashemi, M.(2011). The fundamental rights of the Islamic Republic of Iran; Governance and political institutions. 22nd edition, Tehran: Mizan publishing house (In Persian).
- Imami and Ostovar Sangri (2022). Administrative law. 4th edition, 1, Issue 28,Tehran: Mizan Publishing (In Persian).
- Jafari Langroudi, M. J. (2001). Legal Terminology. 11th edition, Tehran: Ganj Danesh Library (In Persian).
- Jalali, M., & Yavaoi, A. (2019). An introduction to fundamental rights, Tehran: Mizan (In Persian).
- Katouzian, N. (2008). Introduction to the science of law.Tehran: Publishing Co., 103rd edition (In Persian).
- Mouszadeh, I. (2016). Administrative Law 1 and 2, General and Iran. 17th edition,Tehran: Mizan publishing house (In Persian).
- Rasekh, M. (2014). Regulatory situation in the judiciary. Tehran: Drak Publications (In Persian).
- Rezaizadeh, M. J. (2008). Administrative Law. Tehran. Publication of Mizan. (in Persian)
- Tabatabai Motmani, M. (2013). Administrative Law. 17th edition, Tehran: Samet Publications (In Persian).
- Waldron, J. (2018). Legislation concepts, theories and principles. translator. Hassan Vakilian, Tehran: Contemporary view publication (In Persian).
- B) Articles
- Bahadri Jahormi, M. (2015). The legal position of the official interpretation of the Constitution compared to the text of the Constitution with an emphasis on Iran's legal system, Public Law Knowledge, 5)14(, 47-6 (In Persian).
- Kodkhodaei, A. A., & Javaheri Tehrani, M. (2012). Separation of powers; A sanctified dream. Islamic Government, 7)1(, 122-99 (In Persian).
- Mouszadeh, I. (2008). Electoral supervision; The Nature of Guardian Council's Supervision of Elections. Islamic Government, 48, 63-92 (In Persian).
- Nikunhad, H., & Orangi, S. (2019). Assessment of the Guardian Council by-laws; Basics, territory and controllability. scientific quarterly of modern administrative law researches, 2)3(, 11-37 (In Persian).
- Parvaneh, T. (2008). Introduction to the place of circulars in Iran's legal system, Legal information, 6)13(, 23-36 (In Persian).
- Sharif, Mohammad (2005). The legal status of the Supreme Council of the Cultural Revolution and the order of its approvals, Public Law Research, 7)16(, 213-249 (In Persian).
- Shia Ali, A., & Zare, V. (2016). Examination of the theory of separation of powers in the Islamic Republic of Iran by looking at the relationship between the legal authority and the separation of powers, Knowledge of Public Law, 6)18(, 111-135 (In Persian).
- Special, M. R. (2009). A Reflection on the Hierarchy of Norms in the Legal System of the Islamic Republic of Iran. Strategy, 18)50(, 101-130 (In Persian).
- Zarei, M. H., & Mohammadi, J. (2011). Developments related to the field of judicial review in the light of English and French judicial procedures, Legal Research, 14)3(, 113-88 (In Persian).
)