The Assessment of Guardian Council's Supervision over Legislative Quality

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JALILVAND MOHAMMAD SHAHAB; GORJI ALI AKBAR

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

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Journal: MAJLIS & RAHBORD Year:2020 | Volume:27 | Issue:103 Page(s): 51-80

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Title

The Assessment of Guardian Council's Supervision over Legislative Quality

Author(s)

JALILVAND MOHAMMAD SHAHAB | GORJI ALI AKBAR | Issue Writer Certificate

Keywords

Guardian CouncilQ1

Quality of LawsQ1

Rejection PrinciplesQ1

Justifying PrinciplesQ1

Abstract

In principle, the constitutional court is responsible for protecting the constitution through the application of customary laws to the constitutional principles that it is known as traditional function of this institution. The Guardian Council is also the guardian of the Shari'a and the constitution based on the constitutional principles of the Islamic Republic of Iran. Furthermore, it is sometimes observed that the Guardian Council monitors the Quality of Laws beyond a single constitutional court as well as oversee parliamentary approvals in terms of normativity, transparency, stability, enforceability, fairness, coherence, and etc… through examining the Guardian Council's practical practice. This paper attempts to examine the Guardian Council's supervisory principles on the Quality of Laws through using analytical-descriptive research method. We conclude that although according to the legal critia or fundamental principles of the public law such as legality, incompetence and separation of powers; this kind of oversight is neglected, various foundations such as constitutional spirit, coherence principle, ensuring individuals' fundamental rights and freedoms, ensuring good governance, public interests and the protection of religious principles can justify the Guardian Council's supervision on the Quality of Laws. Obviously, ensuring citizens' legal security will be one of the fruits of Guardian Council's efforts to establish qualitative laws.

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APA: Copy

JALILVAND, MOHAMMAD SHAHAB, & GORJI, ALI AKBAR. (2020). The Assessment of Guardian Council's Supervision over Legislative Quality. MAJLIS & RAHBORD, 27(103 ), 51-80. SID. https://sid.ir/paper/407920/en

Vancouver: Copy

JALILVAND MOHAMMAD SHAHAB, GORJI ALI AKBAR. The Assessment of Guardian Council's Supervision over Legislative Quality. MAJLIS & RAHBORD[Internet]. 2020;27(103 ):51-80. Available from: https://sid.ir/paper/407920/en

IEEE: Copy

MOHAMMAD SHAHAB JALILVAND, and ALI AKBAR GORJI, “The Assessment of Guardian Council's Supervision over Legislative Quality,” MAJLIS & RAHBORD, vol. 27, no. 103 , pp. 51–80, 2020, [Online]. Available: https://sid.ir/paper/407920/en

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