Guardian Council: Difference between revisions

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Revision as of 12:08, 6 February 2007 editFarhoudk (talk \| contribs)Extended confirmed users1,233 edits →Vicious Circle ← Previous edit		Revision as of 12:16, 6 February 2007 edit undoHaukurth (talk \| contribs)Autopatrolled, Administrators26,987 edits →Vicious Circle: The BBC article used as a reference does not use the word "vicious circle" or anything like it; on the face of it this is original research. Find a source with a similar analysis.Next edit →
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	The guardian council interprets the term ] in Article 99 as "approbation supervision" ({{lang-fa\|نظارت استصوابی}}) which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" ({{lang-fa\|نظارت استطلاعی}}) which does not imply the mentioned approval right.		The guardian council interprets the term ] in Article 99 as "approbation supervision" ({{lang-fa\|نظارت استصوابی}}) which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" ({{lang-fa\|نظارت استطلاعی}}) which does not imply the mentioned approval right.

	== Vicious Circle ==
	{{NPOV}}
	A kind of vicious circle <ref> http://news.bbc.co.uk/1/shared/spl/hi/middle_east/03/iran_power/html/guardian_council.stm </ref> can be understood from Iranian constitution with respect to authorities of the ], the ] and the ].
	*''First'' according to article No. 111 <ref>Article No.111 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM </ref> of the constitution Whenever the Leader becomes incapable, recognized by Assembly of Experts, of fulfilling his constitutional duties he will be dismissed by them.
	*''Second'' according to article No. 91 <ref>Article No.91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM </ref> of the constitution the six cleric members of the Guardian Council are selected by the Supreme Leader and six jurists nominated by the Head of the Judicial Power and approved by ].
	* ''Third'' According to article No. 110 <ref>Article No.110 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM </ref> of the constitution, one of duties and authorities of the ] is appointment, dismissal, and resignation of the Head of the Judicial Power.
	*''Fourth'' according to article No. 99 <ref>Article No.99 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM </ref> of the constitution the Guardian Council has the responsibility of supervising the elections of the Assembly of Experts, which based on this authority it issues a permission for the candidates to run for election or rejects them.

	Therefore rejection by Guardian Council of the candidates from rival parties is possible in the campaign for the Assembly of Experts. This will cause the chairs for the Supreme Leader, the Guardian Council and the Assemply of Experts remain in the hands of specified party/parties. It is in violatation with principles of ''Political Equality'' between all ]s of a democratic country.

	==Members==		==Members==

Revision as of 12:16, 6 February 2007

Politics of Iran


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The Guardian Council of the Constitution (Persian: شورای نگهبان قانون اساسی) is a high chamber within the constitution of the Islamic Republic of Iran. It has legislative, judicial, and electoral powers. The council has 12 members, six appointed by the supreme leader and six by the head of the judicial system.

Legislative functions

The Guardian Council does not start its own version of bills. Bills are started in the Majlis; however, all bills must be reviewed and approved by the Guardian Council . The Majlis has no legal status without the Guardian Council.

The Guardian Council holds veto power over all legislation approved by the Majlis. It can nullify a law based on two accounts: being against Islamic laws , 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.

The Guardian Council has similarity to an upper house in that it is the "house of review." But it differs widely from an upper house like the United States Senate. It does not have committees, no authority to "check and balance" the powers of other elements of the Government, the members are not elected, etc.

Judicial authority

The Council of Guardians also functions similar to a constitutional court. The authority to interpret the constitution is vested in the Council; interpretative decisions require a three-quarters majority of the Council. However, it does not conduct a court hearing where opposing sides are argued. Its deliberations are chiefly confidential.

Electoral authority

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".

The guardian council interprets the term supervision in Article 99 as "approbation supervision" (Template:Lang-fa) which implies the right for acceptance or rejection of elections legality and candidates competency. This interpretation is in contrast with the idea of "notification supervision" (Template:Lang-fa) which does not imply the mentioned approval right.

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 . The other six members are lawyers proposed by head of the judicial system of Iran (selected in turn by the Supreme Leader), and voted in by the Majlis . 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 members of the Guardian Council .

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:

Ahmad Jannati Ahmad Jannati
Mohammad Momen Mohammad Momen
Gholamreza Rezvani Gholamreza Rezvani
Sadegh Larijani Sadegh Larijani
Modarresi Yazdi Modarresi Yazdi
Mohammad Yazdi Mohammad Yazdi
Abbas Ka'bi Abbas Ka'bi
Gholamhossein Elham Gholamhossein Elham
Abbasali Kadkhodai Abbasali Kadkhodai
Ebrahim Azizi Ebrahim Azizi
Mohsen Esmaili Mohsen Esmaili
Mohammad Reza Alizadeh Mohammad Reza Alizadeh

Template:Tricameral legislature of Islamic Republic of Iran

References and notes

http://www.irisn.com/
Article 94 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 93 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 4 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 112 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 98 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 110 Clause 9 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 99 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
http://portal.irisn.com/aza/aza.htm
Article 91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
http://www.iranjudiciary.org/home-en.html
Article 91 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
Article 110 http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM

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