THE INTERPRETIVE APPROACH OF THE GUARDIAN COUNCIL REGARDING THE CONSTITUTION IN ITS FIRST PERIOD OF ACTIVITY

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NIKOO NAHAD HAMED; ASGHARI SHOURESTANI MOHAMMADREZA; AYENE NEGINI HOSEIN

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2016 | Volume:5 | Issue:14 Page(s): 23-46

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Title

THE INTERPRETIVE APPROACH OF THE GUARDIAN COUNCIL REGARDING THE CONSTITUTION IN ITS FIRST PERIOD OF ACTIVITY

Author(s)

NIKOO NAHAD HAMED | ASGHARI SHOURESTANI MOHAMMADREZA | AYENE NEGINI HOSEIN | Issue Writer Certificate

Keywords

CONSTITUTIONAL INTERPRETATION

GUARDIAN COUNCIL

TEXTUALISM

INTERPRETIVE SCHOOLS

Abstract

The interpretation of laws, especially the Constitution is necessary and inevitable in any legal system to settle the problems and ambiguities occurred during the implementation of the laws. But interpretive authorities have not followed a singular approach in their interpretive lives. The interpretive approach that competent authority does take in interpreting laws is very important. Because in each interpretive approach, interpretive instruments and interpretive results will be different. According to principle 98 of the Constitution of Islamic Republic of Iran, the GUARDIAN COUNCIL is the authority for presenting official and binding interpretation of the Constitution.The noteworthy question regarding this authority of the GUARDIAN COUNCIL is to determine the Council's interpretive approach in interpreting the Constitution. The forthcoming article through a descriptive-analytical method in order to answer this question has concentrated on the first period of the Council's activity. The findings show that although this institution in this period, has not been influenced by one particular approach in relation to CONSTITUTIONAL INTERPRETATION, but the GUARDIAN COUNCIL, in comparison to the other approaches, has been more affected by textual interpretation and interpreting within the words and the text of Constitution.

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APA: Copy

NIKOO NAHAD, HAMED, ASGHARI SHOURESTANI, MOHAMMADREZA, & AYENE NEGINI, HOSEIN. (2016). THE INTERPRETIVE APPROACH OF THE GUARDIAN COUNCIL REGARDING THE CONSTITUTION IN ITS FIRST PERIOD OF ACTIVITY. JOURNAL OF PUBLIC LAW KNOWLEDGE, 5(14 ), 23-46. SID. https://sid.ir/paper/267105/en

Vancouver: Copy

NIKOO NAHAD HAMED, ASGHARI SHOURESTANI MOHAMMADREZA, AYENE NEGINI HOSEIN. THE INTERPRETIVE APPROACH OF THE GUARDIAN COUNCIL REGARDING THE CONSTITUTION IN ITS FIRST PERIOD OF ACTIVITY. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2016;5(14 ):23-46. Available from: https://sid.ir/paper/267105/en

IEEE: Copy

HAMED NIKOO NAHAD, MOHAMMADREZA ASGHARI SHOURESTANI, and HOSEIN AYENE NEGINI, “THE INTERPRETIVE APPROACH OF THE GUARDIAN COUNCIL REGARDING THE CONSTITUTION IN ITS FIRST PERIOD OF ACTIVITY,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 5, no. 14 , pp. 23–46, 2016, [Online]. Available: https://sid.ir/paper/267105/en

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