Desirable Mechanism for Sharia Supervision of the Guardian Council's Jurists on Administrative Regulations

Document Type : Original Article

Authors

1 Professor, Department of Public Law & International, Faculty of Law & political science, University of Tehran, Tehran, Iran

2 Ph.D. Student in Public Law, Faculty of Islamic Studies and Law of Imam Sadiq(peace be upon him) University, Tehran, Iran

Abstract

According to the fourth principle of the constitution, one of the most fundamental foundations of the legal system of the Islamic Republic of Iran, , is the adherence of all laws and regulations to Sharia. Although the implementation mechanism of this principle is in accordance with the ninety-fourth and ninety-sixth principles of the constitution with the prior and automatic sharia supervision of the Guardian Council's jurisprudence on the approvals of the parliament, it is a guarantee of the sharia law, but except for a reference in the one hundred and seventy-seventh principle of the constitution, a mechanism to supervise the legality of the aforementioned regulations is not foreseen in the fourth principle. Therefore, the necessity of realizing the intention of the basic legislator from the establishment of the fourth principle is the establishment of a suitable and efficient mechanism for Sharia monitoring of the regulations. The main question of this paper is proposed around this axis, what is the optimal mechanism of sharia monitoring of administrative regulations. This paper using a descriptive-analytical method by referring to library sources led to the conclusion that Sharia supervision from the platform of the Court of Administrative Justice with challenges caused by "limitation of the jurisdiction of the Court", "proceedings to the extent desired", "lack of necessary proceedings in the Guardian Council" " and "restoring the effects of the repealed regulations to the previous status" is encountered. Previous Sharia supervision over all regulations is not within the capacity of the current structure of the Guardian Council and conflicts with the principles of administrative law. Therefore, it is necessary for a mechanism under the supervision of the jurisprudents of the Guardian Council to monitor the administrative regulations in a retrospective manner and at the same time automatically and actively.

Keywords

References

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The Constitution of the Islamic Republic of Iran

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History

  • Receive Date: 26 February 2022
  • Revise Date: 14 May 2023
  • Accept Date: 01 July 2023

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