Guardian Council

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The Guardian Council of the Constitution[1] (Persian: شورای نگهبان قانون اساسی) is the upper chamber within the constitution of the Islamic Republic of Iran.[2]

The Iranian constitution calls for the council to have twelve members: six Islamic jurists, "conscious of the present needs and the issues of the day to be selected" by the supreme leader, and six jurists, "specializing in different areas of law, to be elected by the Majlis from among the Muslim jurists nominated by the Head of the Judicial Power,"[3] (who, in turn, is also appointed by the supreme leader).[4][5]

The council has considerable power. It is charged with interpreting the Constitution, [6] supervising elections of, and approving of candidates to, the Assembly of Experts, the President and the Majlis (Parliament),[7] and "ensuring ... the compatibility of the legislation passed by the Islamic Consultative Assembly [i.e. Majlis] ... with the criteria of Islam and the Constitution", i.e. deciding whether to veto laws passed by the parliament.[8]

Contents

[edit] Legislative functions

The Guardian Council does not introduce bills. Bills are introduced in the Majlis; but any bill passed by the Majlis must be reviewed and approved by the Guardian Council,[9][10] The Majlis has no legal status without the Guardian Council.[11]

The Guardian Council holds veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws,[12] or being against the constitution. While all the members vote on the laws being compatible with the constitution, only the six clerics vote on them being compatible with Islam.

If any law is rejected, it will be passed back to the Majlis for correction. If the Majlis and the Council of Guardians cannot decide on a case, it is passed up to the Expediency Council for a decision.[13]

The Guardian Council is uniquely involved in the legislative process. Chapter 6 of the Constitution explains its interworkings with the Islamic Consultative Assembly. Articles 91-97 all fall in the legislative Chapter 6.

The members of the Guardian Council may reject bills in the Majlis according to Article 96.

[edit] Judicial authority

The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council;[14] interpretative decisions require a three-quarters majority of the Council. However, it does not conduct a court hearing where opposing sides are argued.

[edit] Electoral authority

All candidates of parliamentary or presidential[15] elections, as well as candidates for the Assembly of Experts, have to be qualified by the Guardian Council in order to run in the election. The Council is accorded "supervision of elections".[16][17]

The guardian council interprets the term supervision in Article 99 as "approbation supervision" (Persian: نظارت استصوابی)[18] which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" (Persian: نظارت استطلاعی) which does not imply the mentioned approval right.[19] The "evidentiary supervision" (Persian: نظارت استنادی), which requires evidences for acceptance or rejection of elections legality and candidates competency, is another interpretation of mentioned article.[20][21]

[edit] Members

Its members are composed of Islamic clerics and lawyers.[22] Six members of the Council are clerics selected by the Supreme Leader, who serves as Iran's Head of State.[23] The other six members are lawyers proposed by head of the judicial system of Iran[24] (selected in turn by the Supreme Leader), and voted in by the Majlis.[25] Members are selected for six years on a phased basis, so that half the membership changes every three years.

The Supreme Leader has the power to dismiss the religious members of the Guardian Council.[26]

Chairman of the council:

Other cleric members are:

Other lawyer members are:

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Unicameral legislature of Islamic Republic of Iran

[edit] See also

[edit] References

  1. ^ http://www.irisn.com/
  2. ^ Whose Iran?
  3. ^ Powers and Authority of The Islamic Consultative Assembly
  4. ^ Article No.91 http://mellat.majlis.ir/CONSTITUTION/ENGLISH.HTM
  5. ^ Politics_of_Islamic_Republic_of_Iran#Criticism of the System
  6. ^ Article 98 of the constitution
  7. ^ Article 99 of the constitution
  8. ^ Article 96 and 94 of the constitution
  9. ^ Article 94 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  10. ^ IRANIAN LEGISLATURE APPROVES FUNDS FOR GASOLINE IMPORTS provides an example the need for approval of the Guardian Council.
  11. ^ Article 93 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  12. ^ Article 4 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  13. ^ Article 112 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  14. ^ Article 98 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  15. ^ Article 110 Clause 9 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  16. ^ Article 99 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  17. ^ خانه ملت
  18. ^ http://www.irisn.com/akhbar/1385/13850331_irisn_00001.htm
  19. ^ magiran.com: نشريه حقوق اساسي، شماره 7
  20. ^ Mellat Electronic Newspaper
  21. ^ http://www.irannewspaper.ir/1382/820205/html/politic.htm#s210702
  22. ^ http://portal.irisn.com/aza/aza.htm
  23. ^ Article 91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  24. ^ http://www.iranjudiciary.org/home-en.html
  25. ^ Article 91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  26. ^ Article 110 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM

[edit] External links