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The guardian council interprets the term ] in Article 99 as "approbation supervision" (نظارت استصوابی) 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" (نظارت استطلاعی) which does not imply the mentioned approval right. | The guardian council interprets the term ] in Article 99 as "approbation supervision" (نظارت استصوابی) 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" (نظارت استطلاعی) which does not imply the mentioned approval right. | ||
== Vicious Circle == | |||
A kind of vicious circle can be understood from the Iranian constitution with respect to the authority of the ], the ] and the ]. | |||
''First'' according to article No. 111 of the constitution Whenever the Leader becomes recognized by the Assembly of Experts as incapable of fulfilling his constitutional duties he will be dismissed by them. | |||
''Second'' according to article No. 91 of the constitution the six cleric members of the Guardian Council are selected by the Supreme Leader. | |||
''Third'' according to article No. 99 of the constitution the Guardian Council has the responsibility of supervising the elections of the Assembly of Experts. Based on this authority it issues a permission for the candidates to run for election or rejects them. | |||
Therefore rejection by the Guardian Council of the candidates from rival parties belonging to the minorities is possible in the campaign for the Assembly of Experts. This will cause the chairs for the Supreme Leader, the Guardian Council and the Assembly of Experts to remain in the hands of specified party or parties from majority. It is in violation of principles of ''Political Equality'' between all ]s of a democratic country. | |||
==Members== | ==Members== |
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The Guardian Council of the Constitution (Persian: شورای نگهبان قانون اساسی) is a high chamber within the constitution of the Islamic Republic of Iran. It has legislative, judicial, and electoral powers. The council has 12 members, six appointed by the supreme leader and six by the head of the judicial system.
Legislative functions
The Guardian Council is similar to an upper house in that it is the "house of review." It is more powerful than the House of Lords, but it does not start its own version of bills like the United States Senate.
Bills are started in the Majlis; however, all bills must be reviewed and approved by the Guardian Council and to the Expediency Council when they do not come to mutual agreement . The latter two chambers are low-profile entities, and, in spite of their overwhelming influence in lawmaking, have not received proportionate publicity. Another attestation of the power of the Guardian Council is that the Majlis has no legal status without the former.
The council also holds veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws , 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 final decision.
Judicial authority
The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council; interpretative decisions require a three-quarters majority of the Council. However, it does not conduct a court hearing where opposing sides are argued. Its deliberations are chiefly confidential.
Electoral authority
All candidates of parliamentary or presidential 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".
The guardian council interprets the term supervision in Article 99 as "approbation supervision" (نظارت استصوابی) 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" (نظارت استطلاعی) which does not imply the mentioned approval right.
Vicious Circle
A kind of vicious circle can be understood from the Iranian constitution with respect to the authority of the Supreme Leader, the Assembly of Experts and the Guardian Council.
First according to article No. 111 of the constitution Whenever the Leader becomes recognized by the Assembly of Experts as incapable of fulfilling his constitutional duties he will be dismissed by them.
Second according to article No. 91 of the constitution the six cleric members of the Guardian Council are selected by the Supreme Leader.
Third according to article No. 99 of the constitution the Guardian Council has the responsibility of supervising the elections of the Assembly of Experts. Based on this authority it issues a permission for the candidates to run for election or rejects them.
Therefore rejection by the Guardian Council of the candidates from rival parties belonging to the minorities is possible in the campaign for the Assembly of Experts. This will cause the chairs for the Supreme Leader, the Guardian Council and the Assembly of Experts to remain in the hands of specified party or parties from majority. It is in violation of principles of Political Equality between all citizens of a democratic country.
Members
Its members 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 . The other six members are lawyers proposed by head of the judicial system of Iran (selected in turn by the Supreme Leader), and voted in by the Majlis . 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 .
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:
- Ahmad Jannati Ahmad Jannati
- Mohammad Momen Mohammad Momen
- Gholamreza Rezvani Gholamreza Rezvani
- Sadegh Larijani Sadegh Larijani
- Modarresi Yazdi Modarresi Yazdi
- Mohammad Yazdi Mohammad Yazdi
- Abbas Ka'bi Abbas Ka'bi
- Gholamhossein Elham Gholamhossein Elham
- Abbasali Kadkhodai Abbasali Kadkhodai
- Ebrahim Azizi Ebrahim Azizi
- Mohsen Esmaili Mohsen Esmaili
- Mohammad Reza Alizadeh Mohammad Reza Alizadeh
Template:Tricameral legislature of Islamic Republic of Iran
References and notes
- http://www.irisn.com/
- Article 94 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- Article 112 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
- 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://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
External links
- The official website of the Guardian Council (in Persian)
- Photos of members from official website (in Persian)
- Guardian Council Holds Great Power in Iran Voice of America