The capacity to improve Sharia supervision of the jurists of the constitutional council

Articles in Press

Document Type : Original Article

Authors

1 Faculty of Law and Political Science, University of Tehran

2 Master of Public Law, Faculty of Law, Shahid Beheshti University

3 Doctoral student of Public Law of Imam Sadiq University (AS)

4 Imam Sadiq University (a.s)

Abstract

Principle (4) is an extract of the Constitution of the Islamic Republic of Iran, which has introduced its goal to base all laws and regulations on Islamic standards. The examination of the current legal system of Iran shows that in order to achieve this goal, the Guardian Council has used an a priori, curative and automatic model in facing the approvals of the Islamic Council, and a posterior, curative and passive model in the Sharia supervision when facing the regulations. Based on this, in this research, we are looking for an answer to the question, "What challenges has the application of these two models created in the way of realizing the goal of Article (4) of the Constitution, and what are the capacities and ways to overcome them?" By using library studies and applying a descriptive-analytical method, we found that the current models of Sharia monitoring have failed to optimally realize the goal of principle (4); Because, first of all, the comprehensiveness of norms intended by the principle has not been ensured, and if the current situation continues, many norms will never be subject to Sharia supervision. Secondly, regarding the norms that are monitored, not all predictable capacities and mechanisms have been used. Thirdly, there are inadequacies among some of the planned mechanisms that have resulted in their inefficiency. Based on this, guaranteeing the three categories of "comprehensiveness in the norms of the purpose of supervision", "quantitative completion of supervision capacities" and "improving the quality of supervision mechanisms" are the transformation strategies in the Sharia supervision system of the Islamic Republic of Iran and the realization of the goal of principle (4).

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Main Subjects

Public Law Knowledge Quarterly

Articles in Press, Accepted Manuscript
Available Online from 07 September 2024

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History

  • Receive Date: 18 March 2024
  • Revise Date: 14 July 2024
  • Accept Date: 07 September 2024

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