Guardian Council
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| Government of Islamic Republic of Iran |
The Guardian Council of the Constitution [1] (Persian: شورای نگهبان قانون اساسی) is an appointed high chamber within the constitution of the Islamic Republic of Iran.[2]
The council has 12 members: six clerics, conscious of the present needs and the issues of the day, appointed by the supreme leader and six jurists, specializing in different areas of law, to be elected by the Majlis from among the Muslim jurists nominated by the Head of the Judicial Power (who, in turn, is also appointed by the supreme leader). [3] [4]
Legislative functions
The Guardian Council does not start bills. Bills are started in the Majlis; however, all bills must be reviewed and approved by the Guardian Council [5][6]. The Majlis has no legal status without the Guardian Council.[7]
The Guardian Council holds veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws [8], or being against the constitution. While all the members vote on the laws being compatible with the constitution, only the six clerics vote on them being compatible with Islam.
If any law is rejected, it will be passed back to the Majlis for correction. If the Majlis and the Council of Guardians cannot decide on a case, it is passed up to the Expediency Council for a decision. [9]
The Guardian Council is very uniquely involved in the legislative process. Chapter 6 of the Constitution explains its interworkings with the Islamic Consultative Assembly. Articles 91-97 all fall in the legislative Chapter 6.
The members of the Guardian Council may reject bills in the Majlis according to Article 97.
Judicial authority
The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council[10]; interpretative decisions require a three-quarters majority of the Council. However, it does not conduct a court hearing where opposing sides are argued.
Electoral authority
All candidates of parliamentary or presidential [11] elections, as well as candidates for the Assembly of Experts, have to be qualified by the Guardian Council in order to run in the election. The Council is accorded "supervision of elections".[12] [13]
The guardian council interprets the term supervision in Article 99 as "approbation supervision" (Persian: نظارت استصوابی) [14] which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" (Persian: نظارت استطلاعی) which does not imply the mentioned approval right. [15] The "evidentiary supervision" (Persian: نظارت استنادی), which requires evidences for acceptance or rejection of elections legality and candidates competency, is another interpretation of mentioned article. [16] [17]
Members
Its members [18] are composed of Islamic clerics and lawyers. Six members of the Council are clerics selected by the Supreme Leader, who serves as Iran's Head of State [19]. The other six members are lawyers proposed by head of the judicial system of Iran [20] (selected in turn by the Supreme Leader), and voted in by the Majlis [21]. Members are selected for six years on a phased basis, so that half the membership changes every three years.
The Supreme Leader has the power to dismiss the religious members of the Guardian Council [22].
The current chairman of the council is Ayatollah Ahmad Jannati, deputized by the lawyer Abbasali Kadkhodai. Other cleric members are Sadegh Larijani, Mohammad Reza Modarresi-Yazdi, Mohammad Momen, Gholamreza Rezvani, and Mohammad Yazdi. The other lawyer members are Mohammad Reza Alizadeh, Ebrahim Azizi, Gholamhossein Elham (spokesman), Mohsen Esmaili, and Abbas Ka'bi.
Here are the photographs of the 12 member of the Guardian Council as of September 2006:
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Abbasali Kadkhodai
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Mohsen Esmaili
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Mohammad Reza Alizadeh
See also
References and notes
- ^ http://www.irisn.com/
- ^ Whose Iran?
- ^ Article No.91 http://mellat.majlis.ir/CONSTITUTION/ENGLISH.HTM
- ^ Politics_of_Islamic_Republic_of_Iran#Criticism of the System
- ^ Article 94 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ IRANIAN LEGISLATURE APPROVES FUNDS FOR GASOLINE IMPORTS provides an example the need for approval of the Guardian Council.
- ^ Article 93 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ Article 4 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ Article 112 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ Article 98 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ Article 110 Clause 9 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ Article 99 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ http://mellat.majlis.ir/archive/1385/02/18/daytalk.htm
- ^ http://www.irisn.com/akhbar/1385/13850331_irisn_00001.htm
- ^ http://magiran.com/magtoc.asp?mgID=2982
- ^ http://mellat.majlis.ir/archive/1382/01/23/newsdiplomatic.htm
- ^ http://www.irannewspaper.ir/1382/820205/html/politic.htm#s210702
- ^ http://portal.irisn.com/aza/aza.htm
- ^ Article 91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ http://www.iranjudiciary.org/home-en.html
- ^ Article 91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- ^ Article 110 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM