Document Type : Article

Authors

• Vali Rostami ¹
• Mohammadreza Moradian Nayyeri ²

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 Sadiq university. Tehran. Iran

Abstract

The Guardian Council is an independent establishment in Iran's constitutional law system. Although legislation is one of the inherent acts of the legislature and based on several principles in public law, other institutions do not have this competence, but due to the multitude of legal norms, the detailed level of the legislative matter and according reality, and sometimes it is necessary to exercise the legal duties of the Guardian Council, especially in the elections, which is an all-encompassing matter and the Guardian Council plays a role in it as an office, a kind of idea of legislation in disguise. The legal norm for the Guardian Council is not far from thought and practice. With a descriptive method and based on reliable sources, looking at the legal rules and existing laws in Iran's legal system, this article tries to answer the question, what is the scope of legislation by the Guardian Council? if there is such a competence for the Guardian Council, should be clarified and its criteria and conditions should be determined. In the end, based on the theoretical foundations obtained in the research, the Guardian Council's electoral resolution is analyzed evaluated.

Keywords

• Guardian Council
• legislative competence of the Guardian Council
• legislation of the Guardian Council
• election decree
• regulation

Main Subjects

• Public Law