Francais | English | Espanõl

Guardian Council

From Wikipedia, the free encyclopedia

Jump to: navigation, search
Iran
Image:Coat of arms of Iran.svg

This article is part of the series:
Politics and government of
Iran



Other countries • Politics Portal

view  talk  edit</div>

The Guardian Council of the Constitution <ref> http://www.irisn.com/ </ref> (Persian: شورای نگهبان قانون اساسی) is an unelected high chamber within the constitution of the Islamic Republic of Iran. It has legislative, judicial, and electoral powers. This reflects the lack of separation of the branches of government in Iran. Guadian council represents the official will of the supreme leader.

Contents

[edit] Legislative functions

Bills are started in the Majlis; however, all bills must be reviewed and approved<ref>Article 94 [Review of Legislation] of the constitution</ref> by the Guardian Council and the Expediency Council. 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.<ref>Article 93 [Mandatory Formation] of the constitution.</ref>

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<ref>See Article 4 [Islamic Principle] of the Constitution of the Islamic Republic of Iran</ref>, 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.

[edit] Judicial authority

The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council<ref>Article 98 [Authoritative Interpretation]</ref>; interpretative decisions are made by 75% of the Council. However, it does not conduct a legal court hearing of opposing sides like the Supreme Court of the United States. Its deliberations are chiefly confidential.

[edit] Vetting candidates

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".<ref>Article 99 [Supervision of Elections] of the Constitution.</ref>

[edit] 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<ref name="selection">Article 91 [Guardian Council] of the constitution</ref>. The other six members are lawyers proposed by Iran's head of judicial branch (selected in turn by the Supreme Leader), and voted in by the Majlis<ref name="selection" />. 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 men of the Guardian Council<ref>Article 110 [Leadership Duties and Powers]</ref>.

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:


[edit] List of most significant works

  • Disqualifying all women for all presidential elections after 1978 revolution.
  • Disqualifying 80 sitting members of 6th parliament from running in the 7th election.
  • Disqualifying conservative Reza Zavarei, a former member of Guardian council and formerly qualified presidential candidate for 2005 presidential election.
  • Disqualifying Ebrahim Yazdi, former foreign minister for presidential election.
  • Disqualifying vice speaker of 6th parliament, Reza Khatami for 7th parliamentary election.
  • Disqualifying Majid Ansari, a member of Assembly of Experts and former member of parliament, for 2006 election for Assembly of Experts.
  • Disqualifying Mostafa Moin, minister of science and technology for 2005 presidential election.
  • Disqualifying Ezzatollah Sahabi, former cabinet member for presidential and parliamentary elections.
  • Disqualifying Mohammad Reza Abbasi-fard, a Chair member of Assembly of experts, for 2006 election for Assembly of Experts.
  • Disqualifying half of candidates for 7th parliamentary election...

[edit] References and notes

<references/>

[edit] External links

de:Wächterrat fa:شورای نگهبان قانون اساسی fr:Conseil des gardiens de la constitution nl:Raad der Hoeders pt:Conselho dos Guardiães

Personal tools