The Desirable Mechanism for Religious Review of the Supreme Council of Cultural Revolution's Enactments by the Jurists of the Guardian Council

Document Type : Original Article

Authors

1 Ph. D of Public Law, University of Tehran, Tehran, Iran.

2 Assistant Professor, Department of Islamic Jurisprudence and Law, Shahed University, Tehran, Iran

3 PH. D Student of Public Law, University of Imam Sadiq, Tehran, Iran

Abstract

One of the goals of the Islamic Republic of Iran is to assure compliance of the legal norms with the religious Criteria. In line with this, non-contradiction of all legislations and regulations with Islamic criteria is reviewed by the Jurists of the Guardian Council, based on the Article 4 of the Constitution. On the other hand, the Supreme Council of the Cultural Revolution is one of the legal normative bodies that has not yet provided a specific mechanism for assessing its enactments by religious Criteria. Accordingly the main question of this study is to examine the desirable mechanism for Religious Review of the Supreme Council of Cultural Revolution's Enactments by the Jurists of the Guardian Council in the legal system of Iran? In this research, using the descriptive-analytical method, this hypothesis was proved that the desirable mechanism to ensure the conformity with Islam for typical enactments of the Supreme Council of the Cultural Revolution is to exercise the “a priori” and “active” review of the Jurists of the Guardian Council. One of the most important benefits of this model is to ensure the maximum Islamic conformity of these enactments.

Keywords

References

Persian:
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History

  • Receive Date: 30 October 2019
  • Revise Date: 26 January 2020
  • Accept Date: 31 May 2020

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