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Journal: مجلس و راهبرد
Year:1397 | Volume:25 | Issue:95
Start Page:125 | End Page:153

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Title

Reference Norms Guardian Council to Review the Decisions of Parliament

Pages

 Start Page 125 | End Page 153

Abstract

 e legal system of the Islamic Republic of Iran has foreseen non-judicial control methods to protect the Sharia and the Constitution and this is done by the Guardian Council. While the Iranian Constitution on different principles than "Constitution" and "Sharia" as the main norms Guardian Council to review the decisions of Parliament have anticipated; but by examining the practical practice of the Guardian Council it is clear that this council has, in some cases, adopted its own norms, such as ordinary laws, The decisions of the Expediency Discernment Council, the general policy of the system, the statutes of some revolutionary institutions, and so on. In this article, by carefully examining the norms, it is clear that the implementation of parliamentary approvals with the general policies of the system and the statutes of some revolutionary institutions is justified because it is approved by the Supreme Leader and is considered a government decree and it may also be possible to implement parliamentary approvals of some of these norms in order to improve the quality of the law and to bring transparency to the rules. This is despite the fact that the implementation of parliamentary approvals by the Council of Ministers by the Guardian Council is not rational and legal, even if it is aimed at disambiguation and transparency in the laws. This paper tries to criticize the Guardian Council's practical approach with an analytical descriptive method and providing examples of these norms.

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