The Preliminary Role of Judicial Opinions and Decisions and the Oversight of the Guardian Council over Elections

Document Type : Original Article

Author

Assistant Professor of Criminal Law and Criminology, Faculty of Crime Prevention and Corrections, University of Judicial Sciences and Administrative Services, Tehran, Iran

Abstract

The Guardian Council, based on Articles 91, 96, and 99 of the Constitution, is responsible for overseeing the legislative process and elections. The nature of this oversight involves ensuring that regulations do not contradict the principles of the Constitution and Islamic law, as well as confirming the validity of elections and determining the qualifications of candidates. The possibility of judicial oversight or the assumption of a jurisdictional dispute between the Guardian Council and the judiciary regarding election oversight is the focus of this research. This study, utilizing a descriptive-analytical method and library data, including opinions from the Guardian Council and existing court rulings, demonstrates that the Guardian Council's authority to oversee elections is legal, inherent, and exclusive, and no other entity, including the judiciary, has jurisdiction over this duty. Therefore, the possibility of a jurisdictional dispute under judicial oversight lacks relevance and implies the incompetence of the judiciary. However, the examination of the evidentiary nature that forms the basis for determining the qualifications of candidates or the results of elections—matters that fall under the inherent jurisdiction of the judiciary—along with any violations of procedural and formal legal requirements, will still be within the jurisdiction of the judiciary. This article outlines the inherent and exclusive authority of the Guardian Council and addresses various assumptions regarding jurisdictional disputes between the Guardian Council and the judiciary.

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References

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Articles
Rezaiizadeh, Mohammad Javad; Davari, Mohsen. (2016). Foundations and Principles of Ascertaining the Competency of Representation of the Islamic Consultative Assembly, Quarterly Journal of Public Law Knowledge, 5th year, (14), 117 – 142.
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Documents
The Islamic Consultative Assembly Election Law (1402).
General Election Policies (1395).
Law on the Necessity of Thoroughly Handling Complaints of Disqualified Candidates in Various Elections (1378).
Law on the Organization and Procedure of the Administrative Justice Court (1392).
Law on the Supervision of the Guardian Council on Parliamentary Elections (1365).
Law on Changing the Electoral Districts of Candidates for Parliamentary Representation (1382).
Public Law Knowledge Quarterly
Volume 14, Issue 3 - Serial Number 49
September 2025
Pages 179-201

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History

  • Receive Date: 14 March 2025
  • Revise Date: 24 June 2025
  • Accept Date: 16 August 2025

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