The Role of the Guardian Council in the Constitution of Iran

• Published in: Verfassung und Recht in Übersee Vol. 43; no. 2; pp. 244 - 258
• Main Author: Shirvani, Faroud
• Format: Journal Article
• Language: German
• Published: 01-01-2010
• Subjects: Arbitration; Canons; Compliance; Constitutions; Criteria; Iran; Islam; Law; Legislative Bodies
• ISSN: 0506-7286

The Guardian Council (soura-ye negahban) is one of the most relevant institutions in the Constitution of the Islamic Republic of Iran. Its role is stated in the Constitution & is to be seen in context with the central religious, ideological & normative axioms of the Islamic Republic. Due to the Constitution all kinds of national law have to be based on Islamic criteria. Therefore, the Guardian Council has to review the bills of the Islamic Consultative Assembly (ie., the Parliament) regarding their compliance with Islamic ordinances & the provisions of the Constitution. The interpretation of the Islamic criteria & canons is duty of the religious jurists (fuqaha) who are members of the Guardian Council. These members are appointed by the religious Leader. The other members of the Guardian Council are jurists recommended by the Head of the Judiciary to the Islamic Consultative Assembly & elected by this body. The Guardian Council is a hybrid institution: On the one hand, it is staffed with jurists, makes decisions on the basis of law & fulfills judicial tasks. On the other hand, the Guardian Council at least partially belongs to the legislative power. This finding is confirmed by Art. 93 of the Iranian Constitution stipulating that the Islamic Consultative Assembly generally has no legal status without the simultaneous existence of the Guardian Council. In the political process the Guardian Council has lost its original power to some extent. One of the reasons is the transfer of competences to the Exigency Council. This institution is similar to an arbitration panel engaged in cases where the Consultative Assembly & the Guardian Council cannot reach agreement. Adapted from the source document.