The Reasons of the Guardian Council&#039;s Citation to the Principles of the Constitution in Controlling the Acts of the Islamic Consultative Assembly

Tangestani, Mohammad Ghasem; Rafeei, Mohammad Reza

doi:10.48308/jlr.2024.234945.2695

The Reasons of the Guardian Council's Citation to the Principles of the Constitution in Controlling the Acts of the Islamic Consultative Assembly

Articles in Press

Document Type : Original Article

Authors

Mohammad Ghasem Tangestani ¹

Mohammad Reza Rafeei ²

¹ Department of law and political science, Kaharazmi University, tehran. iran

² Faculty of Law, Shahid Beheshti University, Tehran, Iran

10.48308/jlr.2024.234945.2695

Abstract

During the years of the Guardian Council's activity, many opinions have been expressed by this council in reviewing the approvals of the parliament. A review of these views shows that there is a significant difference in the extent to which the Council cites various principles of the Constitution: from unsubstantiated principles to principles with numerous citations. The present article seeks to answer the important question by taking a descriptive-analytical method, what are the effective reasons for the extent to which the Guardian Council invokes the principles of the Constitution? Based on the findings of this paper, the difference in the amount of the council's citations to the constitutional principles is not a fault in itself to the performance of the Guardian Council, but the performance of the Council will be evaluated according to the causes of the difference in the amount of citations as discussed in this article. Efforts to partially address these causes seem necessary. Legislative reform, reform of the Guardian Council procedure and approach, and revision of some constitutional principles are some of the solutions suggested in this paper.

Keywords

Article 94

The Procedure of the Guardian Council

Inconsistency

the Legislative System

The Initiative of Laws

Subjects