Guardian Council
The Guardian (Persian شورای نگهبان قانون اساسی, Shura -ye -e Negahban Ghanun -e Asasi ) is part of the Iranian government and has, in addition to the revolutionary leader, an outstanding position. It consists of twelve members.
- 2.1 Selected decisions
Composition
The twelve seats in the Council of Guardians are filled in accordance with Article 91 of the Iranian Constitution halfway with clergy and half with lawyers. The six clerical members are directly appointed by the Supreme Leader, elected six lawyers from different areas of law by the Parliament, in which only proposed and approved by the chief judge persons may be elected by the parliament. The chief judge is in turn appointed by the Supreme Leader.
The members are appointed for six years. Every three years separates half of the members by drawing lots (Article 92 ), while new members take their place. The power of the Guardian Council is based primarily on its extensive veto. He recounts the Constitution formally with the legislature, but bears through his veto also adjudicatory tasks. Political scientist Wahied Wahdat - e Haqq speaks of an Islamic Politburo.
On February 20, 1980, Ayatollah Ruhollah Khomeini first appointed the clerical members of the Guardian Council determines the lawyers by the Parliament on 17 July 1980. The first Guardian Council was made up of the clergy Abd - Rahim Rabbani Shirazi, Lotfallah Safi, Mohammed Reza Mahdavi Kani - Ahmad Dschannati, Yusuf Sani, Golamreza Rezwani, as well as the lawyers Godarz Eftehar Dschahromi, Hossein Mehrpur, Mohsen Hadari, Azad Ali, Muhammad Salchi, Mohammed Abadi.
Members of the Guardian Council
- Dschannati Ahmad, Chairman of the Guardian Council
- Mahmoud Hashemi Shah Rudi
- Mohammad Reza Modarresi - Yazdi
- Mohammad Momen
- Gholam Reza Rezvani
- Mohammad Yazdi
- Gholam -Hossein Elham
- Abbas Ali Kadkhodaei, spokesman of the Guardian Council
- Mohammad Reza Alizadeh
- Hossein - Ali Amiri
- Mohsen Esmaili
- Abbas Ka'bi.
Operation
The idea of the legislative and executive branches to insinuate an Islamic spiritual controlling body, goes back to the Shiite cleric Fazlollah Nuri. One such institution was first realized after the Islamic revolution in 1979 with the establishment of the Revolutionary Council. With the adoption of the new Iranian constitution on 3 December 1979, the Council of Guardians took over his role: he has referred to in Article 94, the task of reviewing all decisions of Parliament within ten days of their compliance with the principles of Islam and the Constitution of the Islamic Republic of Iran. Are contradictions seen, the legislative proposal will be rejected.
The Constitution states in Principle 96 to:
"The finding of the coincidence of the decisions [ of Parliament ] with the Islamic rules will be taken by the majority of Islamic jurists of the Guardian Council and in terms of conformity with the Basic Law of the majority of all members of the Guardian Council. "
The Guardian Council also monitors the qualification and certification of the presidential candidates, the candidates for the expert, the candidate for the state and is in direct contact with the revolutionary leader. A central observatory, appointed by the Guardian Council, monitors all electoral processes and gives results of the vote.
Can persist differences between Parliament and the Guardian of the case to the Arbitration Council, called "assembly system for the recognition of interests " ( " Madschmae Tashkent Kisse Maslehate Nezam " ) are referred to, has to make the decision.
In addition, the Guardian Council is responsible for the interpretation of the Constitution. According to principle 98 of the Constitution, a three-quarters majority is required for such a decision. Wahied Wahdat - e Haqq describes the withdrawal of a decision of the Guardian Council from the year 1998.
Selected decisions
Women have been generally excluded from presidential elections.
Prior to the Iranian parliamentary elections of 2008, the Guardian of 7600 candidates for the 290 seats of the Iranian Parliament 4476 allow it. In addition, a previous member of the Iranian Parliament for the 2008 general election, was disqualified.
According to the Iranian presidential elections in 2009 the Council of Guardians were introduced into the function as the Verification Commission of the defeated candidate Mir Hossein Mousavi, Mohsen Rezai and Mehdi Karroubi, a list of 646 complaints. On June 22, the spokesman of the Guardian Council, Abbas Ali Kadkhodaei explained that there had been no records of major irregularities in the election and that there is therefore the Panel considers no way to cancel the election.