Following the Guardian Council from the previous procedure; A reflection on the feasibility of a requirement

Articles in Press

Document Type : Research Paper

Authors

1 Ph.D. Student in Public Law, Faculty of Law, University of ImamSadiq Universty, Tehran, Iran

2 Assistant Professor, Department of Public Law and Economic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

Abstract

The intersection of cases where the Guardian Council, in reviewing the draft and bill approved by the Islamic Council or the Sharia inquiry of the Court of Administrative Justice, considered itself to adhere to the previous opinion or procedure with the cases that this Council, despite the similarity of the approved resolution with the previously monitored issues."Can the Guardian Council be required to follow its previous practice in similar issues?" The current research has reached the conclusion that three approaches can be proposed in this regard by applying the method of procedural analysis and data collection with library tools. First, it is the approach of following the previous procedure by the Guardian Council in similar matters, which considers it necessary to adhere to the procedure by citing the need to protect the stability and security of the legal system as well as the need for the predictability of legal rules. The opinions of this institution, in contrast to its previous opinions, citing the structure of the Guardian Council and the composition of its members, as well as the necessity of ensuring the dynamics of the legal system, considers it impossible to obey the previous procedure,and the last approach also emphasizes the necessity of the Guardian Council following the previous procedure. and deviation from it is recognized only by observing the rules and proving justified directions such as "amending the constitution","notifying the general policies of the system","government orders" and "providing documentation and grounds for deviation from the procedure in the opinions".

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 12 October 2025

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