Religious Supervision of The Guardian Council’s Jurists on The Regulations Approved by The Head of The Judiciary

Document Type : Original Article

Authors

1 Master of Public Law, Semnan University, Semnan, Iran

2 Assistant Professor, Department of Law, Faculty of Humanities, Semnan University, Semnan, Iran

Abstract

By accepting the regulatory authority for the head of the judiciary, monitoring the regulations approved by that authority is one of the ambiguities of the Islamic Republic of Iran’s legal system. In this context, one of the most important types of regulation supervision is the religious supervision of the Guardian Council’s jurists, which is the main topic of this research. Therefore, this research, in a descriptive-analytical format, sought to answer the main question which is: “what are the challenges faced by the religious supervision of the Guardian Council’s jurists on the regulations approved by the head of the judiciary in terms of the possibility and method of implementation?” The findings of this research confirm that by referring to the general competence stipulated in principle 4 and paying attention to the foundations of religious supervision while realizing the requirements of the normative hierarchy, to maximize the protection of the rights of the judiciary’s employees as well as citizens, it is necessary to apply Sharia supervision to the regulations approved by the head of the judiciary. However, due to the fact that the regulations approved by the Head of the Judiciary are excluded from the jurisdiction of the General Board of the Administrative Court of Justice, the non-systematic application of direct religious supervision by the jurists of the Guardian Council, and the incompatibility of the religious supervision of the Guardian Council’s jurists on such regulations with the practical requirements of that council, are the challenges ahead of the application of this supervision.

Keywords

References

Books
Abazari Fumshi, M. (2013). Modern Law Terminology. Tehran: Shahid Dariush Noorollahi Publications. (in Persian)
Abbasi, B. (2011). Administrative law.. Tehran: Justice Publications. (in Persian)
Abrishmi Rad, M. (2020). Legal and Jurisprudential Analysis of the views of the Guardian Council and the procedure of the Administrative Justice Court about Extending the Effect of Revocation to the Time of ratification. Fiqh and Islamic Law Studies, (23). 9-34.   (in Persian)
Abrishmi Rad, M., Nikonhad, H. (2020). an intentionalist interpretation of the competence of the leadership of the referendum decree; Subject of Article 110, Clause 3 of the Constitution. Public Law Research Quarterly, (66). 382-406.
Abrishmi Rad, M., Shabani, H. (2018). The Desirable Mechanism for Review of the Governmental Regulation by the Islamic Jurists of the Guardian Council through the Administrative Justice Court, Scientific Quarterly of Human Rights and Citizenship, (1). 22-1.
Ainenagini, H. (2016). The keyword "regulations" in the constitution; From Concepts to Examples. Tehran: Khorsandi Publications. (in Persian)
Center for Islamic Information and Documents (2010). Dictionary of Principles of Jurisprudence. Qom: Publications of Islamic Science and Culture Research Institute. Research Vice President of Islamic Propaganda Office of Qom Seminary.
Darvishund, A., Raji, S. M ..(2011). An analysis of the supervision of laws and regulations in the legal system of the Islamic Republic of Iran. Journal of Islamic Government. (61).103-134. (in Persian)
Emami, M., Stvarsangri, K. (2014). Administrative law. Tehran: Mizan publication. (in Persian)
Faqihi, S. F. , Asakareh, Z. (2021). Legal analysis of the effects of Sharia supervision of the jurists of the Guardian Council on laws and regulations. Islamic Government Journal, (99). 5-28. (in Persian)
General Department of Cultural Affairs and Public Relations of the Islamic Council (1985). Annotated report of the deliberations of the Majlis for the final review of the Constitution of the Islamic Republic of Iran. Tehran: Publishers General Department of Cultural Affairs and Public Relations of the Islamic Council. (in Persian)
Ghamami, M. (2011). Fundamental rights of the Islamic Republic of Iran. Tehran: Publications of the Islamic Revolution Center of Iran. (in Persian)
Gurji Azandriani, A. (2009). Struggling with constitutional rights. Tehran: Jangal Publications.
Jafari Langroudi, M. (2008). Legal Terminology. Tehran: Ganj Danesh Publications. (in Persian)
Kaabi, A. (2014). Research report on the analytical foundations of the system of the Islamic Republic of Iran (analysis of the foundations of the fourth principle of the Constitution). Tehran: Guardian Council Research Institute Publications.
Khoei, S. A. (1999). Ajud al-Taqarirat. Sahib al-Amr Publications (AJ). (in Persian)
Madani, S. J. (2008). Administrative law. Tehran: Padayar Publications.
Mohaghegh Damad, S. M. (2006). Discussions on the principles of jurisprudence (the first book: vocabulary discussion). Tehran: Humanities Publishing Center.
Moradi Berlian, M. (2018). Judiciary's regulatory authority and its supervision in Iran's legal system. Journal of Judicial Research Judiciary Research Institute, (12), 13-59.
Mousazadeh, E. (2012). Administrative Law. Tehran: Justice Publications.
Musizadeh, R. (2010). Administrative law (2-1). Tehran: Mezan publication.
Omid Zanjani, A. (2006). Fundamental Laws of Iran. Tehran: Tehran University Press. (in Persian)
Parveen, K., Abrishmirad, M. (2018).  The Desirable Mechanism for Review of the Governmental Regulation by the Islamic Jurists of the Guardian Council through the Administrative Justice Court court. Quarterly Journal of Public Law Knowledge, (20), 113-134.
Qazi Shariat Panahi, A. (2021). Fundamental rights and political institutions. Tehran: Mizan Publications. (in Persian)
Rasakh, M., Sorahikar, R. , Ameri, F. (2015). The rule of law in the judiciary. Tehran: Drak Publications. (in Persian)
Tabatabayi Motamani, M. (2008). Administrative law. Tehran: Somit Publications. (in Persian)
Tila, P. (2008). Comparative Principles of Rule-making and Demarcation of Law and Regulations. Tehran: Khorsandi Publications. (in Persian)
Vaezi, M. (2004). The legal value of the deliberations of the Constitutional Review Council. Journal of Constitutional Law, (3), 179-189.
Yazdi, M. (1996). Constitution for all. Tehran: Amirkabir Publications.
Public Law Knowledge Quarterly
Volume 12, Issue 4 - Serial Number 42
December 2024
Pages 193-218

Files

History

  • Receive Date: 30 December 2022
  • Revise Date: 03 March 2023
  • Accept Date: 19 April 2023

Share

How to cite

Statistics