The desirable model of basic proceedings in Iran

Document Type : Original Article

Author

PhD in Public Law

10.48308/jlr.2024.233251.2617

Abstract

Basic proceedings are considered as one of the most important and vital institutions of a political and legal system.It is due to such a position that Guardian Council has a special role in Iran's legal system so to speak The Guardian Council is considered one of the most important symbols of the political system of the Islamic Republic of Iran.By reviewing the text of the constitution and the governing procedure of the Guardian Council, especially the opinions issued by the council, it can be said that Protection of the Sharia and Islamic rulings (sharia proceedings) has been the main goal of the establishment of the Guardian Council, and protection of the constitution (basic proceedings) is in the second stage.The focus of the council on Sharia proceedings has made supporting the constitution not a concern of the council. Considering the criticisms that are made towards the Guardian Council, there is a need to review the structure and attitude of the Council. And in the article, we are looking for a good model of the basic judicial institution in Iran. Therefore, in presenting the ideal model of basic proceedings, the nature of the political system of the Islamic Republic of Iran has been taken into consideration. In the end, according to the procedure and tradition that governs the country, it can be said that the council system is still the best option as a constitutional judicial institution in the country, with the implementation of fundamental reforms, including the amendment of the constitution

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Articles in Press, Accepted Manuscript
Available Online from 19 June 2024
  • Receive Date: 31 October 2023
  • Revise Date: 02 February 2024
  • Accept Date: 19 June 2024