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Iran
Index
The Constitution also provides for the Council of Guardians,
which is charged with examining all legislation passed by the
Majlis to ensure that it conforms to Islamic law. According to
Article 91, the Council of Guardians consists of twelve members;
six of them must be "just and pious" clergymen who are chosen by
the faqih or the Leadership Council. The other six must be
Muslim lawyers who are first selected by the High Council of
Justice, then approved by a majority vote of the Majlis. The
members of the Council of Guardians serve six-year terms, with half
the members being changed every three years.
The responsibilities of the Council of Guardians are delineated
in Articles 94 through 99. The members must review each law voted
by the Majlis and determine, no later than ten days after the
assembly has submitted a bill for consideration, whether or not it
conforms with Islamic principles. If ten days are insufficient to
study a particular piece of legislation, the Council of Guardians
may request a ten-day extension. A majority of the clerical members
of the Council of Guardians must agree that any given law does not
violate religious precepts. If the Council of Guardians decides
that a law contradicts Islam, the bill is returned to the Majlis
for revision. If the Council of Guardians decides that a law
conforms with Islam, that law is ratified.
During its first two years of operation, the Council of
Guardians did not challenge Majlis bills and generally played a
passive role in the political process. In May 1982, however, the
Council of Guardians established its independent role by vetoing a
law to nationalize all foreign trade. Since that time, the Council
of Guardians has refused to ratify several pieces of legislation
that would restrict property rights. In particular, the Council of
Guardians has opposed the efforts of the Majlis to enact
comprehensive land reform statutes.
Data as of December 1987
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