Discourse Analysis of the Guardian Council's Jurisprudential Approaches in Consideration of the Treaties on Cooperation in Criminal Matters

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ZAMANI AMINALLAH

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Journal Paper

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2019 | Volume:8 | Issue:25 Page(s): 23-44

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Title

Discourse Analysis of the Guardian Council's Jurisprudential Approaches in Consideration of the Treaties on Cooperation in Criminal Matters

Author(s)

ZAMANI AMINALLAH | Issue Writer Certificate

Keywords

International Treaties

Extradition of Convicts

Assistance in Criminal Matters

Guardian Council

Interest

Nafy-e-Sabil Rule (Non-Dependency Rule)

Abstract

In accordance with the Article 77 of the Constitution, the treaties and international agreements of the Islamic Republic of Iran must be approved by the Islamic Consultative Assembly and based on the implications of the other articles of the Constitution including Article 91, these treaties will be considered by the Guardian Council so as not to contradict with Sharia and Constitution. The Guardian Council usually declares the substantive treaties including those on cooperation in criminal matters (extradition, transfer of convicts and criminal assistance) inconsistent with Sharia, because their acceptance requires approval or enforcement of non-Islamic laws and regulations, or sentences issued by the non-Islamic courts of the mutual government. These treaties become law with the insistence of the Assembly according to Article 11 of the Constitution by the Expediency Council. Final decision of the Guardian Council’ s members is based on the majority of their votes and the views of minority jurist members regarding the non-contradiction of these treaties with Sharia do not reflect in their final decision, which the author attempts to clarify in this paper. It seems dynamics of Shia jurisprudence, grading of government Interests and the authorities of Vali-e-Faqih require the treaties not to be in inconsistent with the Sharia norms and hence, their approval in the expediency Council has no legal justification.

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APA: Copy

ZAMANI, AMINALLAH. (2019). Discourse Analysis of the Guardian Council's Jurisprudential Approaches in Consideration of the Treaties on Cooperation in Criminal Matters. JOURNAL OF PUBLIC LAW KNOWLEDGE, 8(25 ), 23-44. SID. https://sid.ir/paper/370903/en

Vancouver: Copy

ZAMANI AMINALLAH. Discourse Analysis of the Guardian Council's Jurisprudential Approaches in Consideration of the Treaties on Cooperation in Criminal Matters. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2019;8(25 ):23-44. Available from: https://sid.ir/paper/370903/en

IEEE: Copy

AMINALLAH ZAMANI, “Discourse Analysis of the Guardian Council's Jurisprudential Approaches in Consideration of the Treaties on Cooperation in Criminal Matters,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 8, no. 25 , pp. 23–44, 2019, [Online]. Available: https://sid.ir/paper/370903/en

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