GUARDIAN COUNCIL'S JURISTS' SCOPE OF SHARIA SUPERVISION OVER THE NATIONAL LAWS AND REGULATIONS IN TERMS OF SUBJECTS AND THEIR TIME OF VERIFICATION

Abstract

In the Islamic Republic of Iran's legislative system, the measures by the Islamic Consultative Assembly must be approved of by the Guardian Council in order not to contravene the Constitution and the Sharia. The Guardian Council supervises the submitted measures, both by the Islamic Consultative Assembly regarding laws and by the Administrative Court of Justice regarding government regulations and bylaws. One of the main subjects regarding the quality of exercising Sharia supervision by the Guardian Council's jurists is to investigate and interpret the necessary requirements for the enforcement of this authority. To clarify this issue, it is necessary to examine the scope of Sharia supervision both in terms of subjects and of laws and regulations verification timing. The main challenge of this research was to find and elaborate on these cases; in other words, the question raised is: “Which subjects fall under the Guardian Council's jurists’ Sharia supervision in the Republic of Iran's legislative system?” Another question is: “Which legislative terms does the Guardian Council’s jurists' Sharia supervision include?” In line with the questions raised, the results of this research used descriptive-analytical research method to state: ‌“All measures by the Islamic Consultative Assembly, whether in the form of enactments by the said Assembly or in the form of government regulations or council measures, fall under the Guardian Council’s jurists' Sharia supervision. This issue shall not be restricted to the legislative term after the Islamic Revolution, and all previous rules and regulations and even the measures by the interim government shall be subject to the Guardian Council's jurists’ Sharia supervision”. It is worth noting that this research was conducted on the principles and foundations underlying the Constitution and the author has accepted the constitutional principles of the Islamic Republic of Iran, while analyzing relevant materials. In other words, the main question of this research should be considered in the constitutional paradigm in which sharia is considered as the premium norm.