Analyzing the rules governing the status and qualifications of the Assembly of Leadership Experts in the opinions and opinions of the Guardian Council

Document Type : Original Article

Authors

1 MA. in Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

2 Faculty of Law and Political Science, University of Tehran

3 Tehran University

Abstract

The Assembly of Experts is one of the high, independent, fundamental institutions in the Islamic Republic of Iran's legal system, which was predicted in the 1979 Constitution in the light of institutionalizing the concept of Velayat Faqih (Guardianship of Jurist). The status of the Assembly of Experts with regard to the selection of the leader of the country and monitoring him caused the legislature to assign the way of practicing the tasks and authority to the very Experts elected by the people, paving the way to such a goal through confering legislation qualifications and setting regulations. Yet, despite the constitutional efforts to develop the political structure of the country, ambiguities and challenges have been appearing in the examination of the qualifications of the Assembly of Experts in comparison to those of the country's three branches of power, to understand which naturally becomes difficult without referring to the opinions of the Guardian Council. Adopting descriptive-analytic method, the present study examines the Guardian Council's opinions in order to determine the frameworks ruling the Assembly of Experts' status and architecture in relation with the legislative-supervisory qualifications of the Judiciary, Legislation, and Administration powers and even the Guardian Council. The resulted approach indicates that the highest frequency in the Guardian Council deals with the Assembly of Experts' election and the disqualification of the Parliament in making decisions about holding such an election. Also, it could be elicited out of the Guardian Council's opinions that supervising the Assembly of Experts appears to be impossible from "legal", "political" and "judicial" aspects.

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Articles in Press, Accepted Manuscript
Available Online from 11 January 2025
  • Receive Date: 11 November 2023
  • Revise Date: 30 June 2024
  • Accept Date: 11 January 2025