Intentionalist Interpretation of the Position and Duties of the Guardian Council in light of Martyr Beheshti's Thoughts

Document Type : Original Article

Authors

1 Assistant Professor of public law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

2 MA. Student in Islamic Studies and Public Law, University of Imam Sadiq, Tehran, Iran.

Abstract

Guardian council is one of the important institutions in the Islamic republic of Iran. this institution is the achievement of effective thinkers in Islamic revolution and one of them is martyr Ayatollah Doctor Beheshti, that was inspired by the second principle of the amendment of the constitutionalism era’s constitution known as the »Taraz« principle and in order to prevent the approval of laws and regulations against the holy religious teachings of Islam was founded. in the present article, it has been tried to answer this question that what is the position & duties of the Guardian Council in martyr Beheshti's opinion by using descriptive - analytical method and using library sources and opinions of the lawyers and how can reach a correct opinion by paying attention to these ideas in the path of intentionalist interpretation regarding the duties of the Guardian Council. the results obtained from this paper show that from the viewpoint of martyr Beheshti, the guardian council has the position of Speech separation in the Islamic republic of Iran system and for this reason, it has a non-temporary authority in the field of evaluating laws and regulations from the point of view of religious and the opinion of the Guardian Council in the field of constitution's interpretation has the position of decisive Speech and other institutions do not have the right to make a legal comment on this matter.

Keywords

References

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History

  • Receive Date: 22 August 2022
  • Revise Date: 12 September 2022
  • Accept Date: 13 November 2022

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