Jurisprudence of the Guardian Council over the expediency of the system in the shadow of the Constitution

Subject Areas : Recent Developments in public law

Hasan  Khosravi ¹ (Associate professor, department of Public Law, PayameNoor University.)
Mohammad javad  Hosseini ² (MA in Public law, Tehran University (Farabi compos) and Administrative Procedure Law, PayameNoor University.)

Received: 2023-01-03 Accepted : 2023-01-24 Published : 2023-03-21

Keywords: chairman of the expediency discernment Council, Constitution, jurist of the constitutional Council, neutrality of the dispute resolution body,

Abstract :

The simultaneity of the chairmanship of the Expediency Council and the twin membership of the same person as a jurist of the Guardian Council, according to the constitution, creates new issues in the relationship between legal and political institutions of Iran. Although there is no contradiction in the silence of the Constitution, the internal regulations of the Parliament, the Guardian Council, and the Assembly, this appointment raises questions and assumptions in the implementation stage of the Constitution, which is inconsistent with some general legal principles, such as the principle of neutrality of the dispute resolution authority. It can be observed by looking at the constitution that many principles do not have the capacity of this appointment and are silent in the face of it. The results of this research show the weight of the scales in favor of the jurists of the Guardian Council in the Assembly, the questioning of impartiality when examining cases of disagreement and plurality and the difficulty of performing the duties of these two positions for one person.The lack of attention of the legal circles to this appointment and its challenges has caused the authors to scrutinize more, and the innovation of the research lies in the explanation of the new and ambiguous relationships between these three institutions.